Preface

These Terms of use govern 27 Crags’s relationship with Users and others who interact with 27 Crags’s Service (as defined in section 1). By using the Service and by approving the relevant notices you agree to these Terms which then constitute the Agreement between you and 27 Crags. Your usage and actions determine which provisions apply:

  • Section 2 applies to everyone using or accessing the Service in any way.
  • If you register at the Service as a User, then General User provisions in section 3 apply.
  • Additionally:
    • Premium User provisions in section 4 apply to Premium Users.
    • Contributor provisions in section 5 apply to Contributors.
    • Verified Author provisions in section 6 apply to Verified Authors.

Please also note provisions on amendments, notices, choice-of-law and forum, as well as disclaimer of warranties, limitation of liability and order of application under section 7.

1 Definitions

  • Terms: this terms of use document
  • Agreement: legal agreement between you and 27 Crags, constituted by your acceptance of these Terms.
  • Roles
    • 27 Crags (also we, our and us): 27 Crags Ltd (BID: 2208432-1)
    • Visitor: Anyone accessing, browsing and/or using the Service.
    • User: A Visitor who registers at the Service becomes a User.
    • Premium User: A User who purchases a Premium subscription, during its time period.
    • Contributor: A User who publishes Community Content or contributes Verified Content without belonging to the Team Maintaining that Verified Topo.
    • Verified Author: A User who publishes Verified Content and belongs to a Team Maintaining Verified Content.
    • Partner: any Third Party that provides services to 27 Crags, that may do business or is being solicited to do business with 27 Crags or that is associated with an organisation that does or seeks to do business with 27 Crags.
    • Third party: Anyone not being a Visitor, a User or 27 Crags.
  • Topo: Topo is a graphical representation (sketch drawing or a photograph with routes depicted) of a climbing route. It shall include, but is not limited to, location of crag or boulder, photos, routes, instructions how to find each route, approach info and parking area info.
  • Service: The Service consists of web- and mobile applications and any other related services and updates under 27 Crags brand. The purpose of the Service is to provide a tool to create, update and distribute Topos to climbers, directly or via a Partner.
  • Team: A named group created in the Service consisting of one or more Users.
  • User Content: Any pieces of work, information, photographs and other material that a User uploads, posts or otherwise shares to the Service. It shall be categorized into:
    • Topo Content: Any User Content that can be classified as being a Topo (or part thereof).
    • Community Content: Topo Content of a Community Topo (not labeled as Verified).
    • Verified Content: Topo Content of a Verified Topo (labeled as Verified).
    • Other User Content: Any other User Content.
  • Community Topo: Topo in Service with Community Content (not labeled as Verified).
  • Verified Topo: Topo in Service with Verified Content (labeled as Verified).
  • Service Content: All and any information or other data forming part of, displayed on, transmitted through or used in connection with the Service. Service Content includes all User Content.
  • Scraping: the use of any automated means (for example web scraping or robots) to access, query or otherwise to generate traffic in order to collect information from or relating to the Service.
  • Maintain/Maintenance/Maintainership: refers to any development or maintenance of Topo Content in Service, including adding, modifying and deleting it.
  • Premium Royalty, Q-Factor and Net Revenue are defined in subsection 6.4.1.

2 Provisions applying to all Visitors

As a Visitor you have agreed that we can collect and process your Personal Data in accordance with our Privacy Policy.

Visitors shall also commit to provisions in subsections 3.3.2, 3.3.3, 3.7, as well as applicable miscellaneous provisions under section 7.

If you encounter any content on the Service that may violate the law, you may send us a removal request by email to our support address .

3 General User provisions

3.1 Scope of application

In addition to Visitor provisions listed in section 2 and miscellaneous provisions listed in section 7 these provisions apply to Users.

3.2 Registration, username, password and security

3.2.1 Registration – preconditions, requirements and limitations

Only private persons are allowed to register as Users.

No person under the age of 13 is eligible to use the Service. In the event that you are of the age of 13 or older but a minor (not having full legal capacity to contract) in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you.

You shall provide true and accurate personal information (i.e. real first and last names etc.), not provide any false or misleading personal information and keep your contact information accurate and up-to-date. You will not create more than one personal account. And if 27 Crags terminates your account, you will not create another one without 27 Crags’s permission.

3.2.2 Username

Your username is unique and personal. Its purpose is to identify you when you interact with the Service.

Your username shall not be misleading or inappropriate. We reserve the right to remove or reclaim your username, if we believe it is appropriated (such as a trademark or authority’s name used without mandate or permission).

3.2.3 Password and security

You shall keep your password confidential and shall not share it or let anyone else access or use your account. You are responsible for actions taken by using your username until you have informed 27 Crags of your loss of control of your account and 27 Crags has had a reasonable time to prevent further use of the account.

You will immediately notify us if you learn of or suspect any loss or theft of your username or password, or any unauthorized use of your account. In the event of such loss, theft or unauthorized use 27 Crags may impose on you, at its sole discretion, additional security obligations.

If someone obtains any unauthorized access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of that unauthorized access and shall promptly inform 27 Crags thereof. You shall also cooperate and assist in any investigation relating to any such unauthorized access.

3.3 Using the Service

3.3.1 What you get as a User – normal use of the Service

By registering as a User you get permission to access and use the Service’s Community Content, including most Service’s features, excluding Verified Content and features related to it. This is purely a permission and does not imply any obligation to 27 Crags.

The Service enables a User e.g.

  • to search, browse and share Topos (as defined in section 1);
  • to tick, rate and comment routes;
  • to share grade opinions;
  • to share and find out access information;
  • to share photos; and
  • to interact with other climbers.

3.3.2 Prohibited User behavior

When using or accessing the Service, any harmful and malicious behavior is prohibited. That includes, without being limited to:

  1. submitting any prohibited User Content as defined in section 3.3.3;
  2. any harmful or malicious behavior against (other) Users:
    1. any threatening, harassing, sexually suggestive, abusive, racist, discriminatory, defamatory, hateful or slanderous behavior;
    2. Scraping of another User’s information;
    3. deleting or revising any material or other information of any other User of the Service;
    4. submitting information about another person without his/her consent;
  3. any harmful or malicious behavior against the Service or 27 Crags:
    1. allowing any other person to use your username and/or password;
    2. taking any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;
    3. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service;
    4. creating derivative works of the Service or any part thereof;
    5. Scraping of any Service Content;
    6. accessing or attempting to access Service Content not intended for you, or logging into a server or account that you are not authorized to access;
    7. any action that exceeds the license stipulated in section 3.4;
  4. any harmful or malicious behavior against a Third party, e.g. using the Service to violate the security of a computer network or to send spam messages (including invitations sent without the recipient’s consent).

The prohibitions above only apply to the extent permissible under applicable law. Regardless, you agree not to act contrary to them without providing 30 days’ prior written notice to us, sent by email to , together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

27 Crags may investigate occurrences that may involve violations of the foregoing prohibited behavior, send notice letters and information requests, and solicit and cooperate with law enforcement authorities in prosecuting Users who may be involved in such violations.

3.3.3 Prohibited User Content

Prohibited User Content includes, without limitation and determined by 27 Crags in its sole discretion, any content which:

  1. promotes or endorses false or misleading information;
  2. promotes or endorses, without required competence, a copy of another person’s copyrighted work or otherwise infringes on other’s trademarks, copyright or legal rights (see subsection 3.4.3 for competence prerequisites);
  3. displays or links to any unlawful, profane, vulgar, pornographic, sexually explicit, indecent, obscene, defamatory, threatening, harassing, abusive, racist, discriminatory, hateful or slanderous material;
  4. engages in, endorses or promotes illegal activities or conduct, constitutes a criminal offense or gives rise to civil liability;
  5. otherwise violates any law;
  6. constitutes advertisements or solicitations of business, spam, surveys, contests, links unrelated to climbing, chain letters or pyramid schemes;
  7. contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

See subsection 3.7 for penalties, liabilities and indemnification.

3.3.4 Teams

A User can create a Team for a climbing organization or other climbing related group of one or more Users and invite other Users to join it. Teams’ main function is to Maintain Topos as collections of regionally grouped Topo Content. All created Teams will be reviewed and then verified by 27 Crags staff—or deleted if they violate these Terms or any law.

Any User can request to join a Team, a Team administrator can approve the request, and the approval affiliates the User to the Team as its member. Team administrators and only they can remove members from a Team. You can resign your own Team membership any time.

Membership in a Team may entail liabilities (see section 6.2 for details).

3.4 Ownership and licensing

3.4.1 27 Crags as a copyright owner and a licensee

All Service Content is either owned by or licensed to 27 Crags, and accordingly 27 Crags acts as a copyright owner and a licensor, or as a licensee and a sublicensor. 27 Crags and its licensors retain all existing ownership rights.

3.4.2 User as a (sub)licensee

As a User you receive a limited, personal (non-transferable), non-exclusive and revocable non-fixed term (sub)license to use the Service in accordance with normal use described in section 3.3.1. Unless specifically allowed in these Terms, you are not entitled to, directly or indirectly, publicly or otherwise, reproduce (copy), prepare derivative works based upon, distribute, perform, display, transmit or make publicly available any Service Content, your account, the Service, or a part thereof in any way.

3.4.3 User as a licensor; liability

You retain existing ownership and moral rights to the User Content you submit on the Service. Provisions under section 5.2 apply to Community Content, and provisions under section 6.3 apply to Verified Content. For Other User Content (as defined in section 1) you grant 27 Crags and its Partners unlimited, worldwide, transferable and sub-licensable, non-exclusive, royalty-free and principally revocable non-fixed term rights and license to, commercially and non-commercially, directly and indirectly, publicly and non-publicly, reproduce (copy), distribute, perform, display and transmit it, and make it available, in connection with the Service and marketing thereof. This license ends when your account or the content is deleted, with the exception that Other User Content potentially needed for proceedings described in section 3.7 is licensed until it’s no longer needed for that purpose.

You are liable for having competence to grant aforementioned rights and license (see 3.7 for possible penalties, liabilities and indemnification).

3.4.4 Third Party licensors

Service Content may also incorporate Third Party proprietary, creative commons or open source content, programs or components that are licensed under separate terms.

3.5 Payments

We offer you all Community Content and part of Other User Content free of charge. Your Internet service provider’s normal fees, such as data charges, will apply normally.

Additional services may be available for a fee (e.g. Verified Content, see 4).

3.6 Term and termination

This Agreement’s general User provisions (this section), as well as Contributor provisions (in section 5) and miscellaneous provisions (in section 7), will become effective as of the moment of registration and will continue to apply until this Agreement is terminated by either you or 27 Crags.

You may terminate this Agreement and your account and/or disable your application at any time.

27 Crags may instantly terminate your account in consequence of your violation of these Terms (see 3.7).

After the termination your personal data will be deleted according to our Privacy Policy1.

Definitions in section 1 and the following provisions will still apply after the termination:

  • subsection 3.3.2,
  • subsection 3.3.3,
  • subsection 3.4.3
  • provisions on liability in subsection 5.2 and
  • subsection 3.7.

3.7 Penalties, preventive measures and indemnification

If you violate the letter or spirit of these Terms, or in any way create risk or possible legal exposure for us, we can, at our sole discretion and without prior notice, terminate your account, cancel your access to the Service and/or remove violating User Content or prevent its use. You will be notified of such actions by email or at the next time you attempt to access your account.

You shall indemnify, defend and hold 27 Crags and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from:

  1. User Content you submit on, post to or transmit through the Service (see section 3.3.3);
  2. your use of the Service or violation of any rights of another (see section 3.3.2); and/or
  3. any other actual or alleged breach by you of these Terms.

4 Premium User provisions

4.1 Premium features

Premium features include, without being limited to:

  • Top quality: Verified Topos are made and Maintained by people who know the region very well.
  • Offline mode: You can download Topos in order to access them later without an internet connection.
  • Maintain Topo Content: As a Premium User you get access to Maintain (create, modify, etc.) Topo Content.
  • Supporting the development of climbing: By purchasing a Premium subscription you support the development of climbing areas.

4.2 How to become a Premium User

You become a Premium User by purchasing a Premium subscription via the Service.

4.3 Payments

Subscription prices are listed in the price list on the Service. They may vary in different countries and on various platforms. 27 Crags has the right to change the prices up until the moment of purchase.

You are responsible for paying all fees and applicable taxes associated with your Premium subscription in a timely manner with a valid payment method. You authorize 27 Crags (and its designated payment processor) to charge your credit card, PayPal or other possible payment method for all charges to your Service accounts.

If you use any other payment method than your own credit card or your own PayPal account, you are liable for having the right to do so. See 3.7 for possible penalties, liabilities and indemnification.

If your payment fails or your account is past due, you shall pay all amounts due, including any costs and expenses relating to the overdue payment. A payment failure is considered to be a violation of these Terms. 27 Crags may collect fees owed using any collection mechanisms of its choice.

4.4 Access to Community Content Maintenance and Verified Content amendments

As a Premium User you get access to Maintain Community Content and to suggest amendments to Verified Content. Amendment suggestions are reviewed and then approved or rejected by members of the Team Maintaining the Topo in question.

4.5 Term and termination

Premium User provisions will become effective as of the moment of purchase and will continue to apply until terminated by either you or 27 Crags. The term of this agreement is determined by your choice of the available subscription alternatives defaulting to 12 months.

You may terminate the Premium subscription, for any or no reason, via the Service2.

4.6 Refund, disputes and reclamations

If you terminate your Premium subscription within 14 calendar days as of the purchase date, the Premium subscription is cancelled, and a full refund is available. If you terminate it later than that, no refund is available.

You shall submit any disputes regarding any charge to your account within 30 days of such charge. Otherwise such dispute will be waived and the charge will be final and indisputable.

Notwithstanding the foregoing, in case you have purchased a Premium subscription via an intermediary trader (such as Apple Distribution International Ltd.) and you are bound by their terms on cancellation and refund, you must, in the first instance, proceed according to their terms.

Reclamation time for any other claims based on this Agreement is 60 days from the day you receive the information of the basis of your claim.

All disputes and other reclamations shall be sent by email to our support address .

5 Contributor provisions

5.1 How to become a Contributor

You become a Contributor (defined in section 1)

  1. by publishing a new Community Topo, and submitting Topo Content to it;
  2. by submitting Topo Content to a Community Topo not Maintained by any Team;
  3. by submitting Topo Content to a Topo (Verified or Community) Maintained by a Team you are not a member of (see section 4.4); or
  4. by joining a Team that Maintains a Community Topo, and submitting Topo Content to that Topo.

5.2 Community Content’s ownership and licensing; liability

You retain existing ownership and moral rights to the Community Content you submit on the Service, but you grant 27 Crags and its Partners unlimited, worldwide, perpetual, irrevocable, transferable and sub-licensable, non-exclusive and royalty-free rights and license to, commercially and non-commercially, directly and indirectly, publicly and non-publicly, reproduce (copy), prepare derivative works based upon, distribute, perform, display and transmit it, and make it available, in connection with the Service and marketing thereof.

You are liable for having competence to grant aforementioned rights and license (see 3.7 for possible penalties, liabilities and indemnification).

Contributors of Topo lines and Topo images are tracked by the Service and their names are published in connection to them. You accept this to be complete fulfilment of your right of attribution.

Provisions under section 6.3 apply to Verified Content.

5.3 Community Topo Maintenance

5.3.1 Community Topo not Maintained by any Team

If you don’t select or create a Team to Maintain the Topo you have created, anyone can add Topo Content to it, and you can modify or delete only Topo Content added by you. Any Team can take over the Maintainership of that Topo, and if you don’t join that Team, you will no longer be able Maintain the Topo.

If someone, in such a situation, takes over Topo Content created by you, please contact us to .

5.3.2 Maintenance by a Team

If you select a Team for a Topo, then the Topo will be set under that Team’s Maintenance. A Community Topo will be automatically removed from Team’s Maintainership if left unupdated for 30 days.

Technically the Service allows every Team member to add, modify and delete Topo Content of any Topo Maintained by that Team. Unless it violates these Terms or applicable laws, Teams are free to arrange their internal collaboration according to their liking.

See section 3.3.4 for basic information on Teams and section 5.4 for specific provisions on upgrade into Verified Topo.

5.4 Upgrading a Community Topo into a Verified Topo

5.4.1 Voluntary upgrade

A Community Topo Maintained by a verified Team may be upgraded into a Verified Topo. The request for an upgrade can be made by any member of that Team.

5.4.2 Topo Content conversion and authorization thereto

Once an upgrade request has been approved by us, a Community Topo shall be re-labeled as a Verified Topo. All Community Content of that Topo is then instantly converted into Verified Content. If the Topo has any Topo Content submitted by a Contributor not belonging to the Team, Team Members are responsible for inviting such a Contributor to join (this applies solely in the event that a Community Topo is converted into a Verified Topo, and does not apply to individual amendments as referred to in section 4.4).

As a Contributor (as a Team member or not) you authorize any other User, with regard to the Community Content submitted by you, to upgrade the Community Topo in question into a Verified Topo and to include that Community Content in it, thus converted into Verified Content.

5.5 Submitting Topo Content to a Verified Topo

Topo Content is instantly converted into Verified Content when submitted by a Contributor (User not belonging to the Team Maintaining the Topo) to a Verified Topo.

6 Verified Author provisions

6.1 How to become a Verified Author

In order to become a Verified Author you have to be a natural person, and

  1. at least 18 years old with full capacity to contract (“Fully Competent”); or
  2. at least 15 years old, having legal capacity to contract in your country with your parent(s) or other legal guardian(s) consent, and having that consent (“Minor”).

If these preconditions are met, you become a Verified Author

  1. by upgrading a Community Topo Maintained by your Team into a Verified Topo (see section 5.4);
  2. by joining a Team that Maintains a Verified Topo; or
  3. by creating a new crag (Topo) and publishing it as a Verified Topo (in which case Team creation is required; also our approval is required for the Topo to be labeled as verified).

You will be asked to confirm your age (and the guardian’s consent if Minor).

Being a Verified Author is relative: if your Team or Teams Maintain more than one Topo, some of them being Community Topos and some of them being Verified Topos, you are a Contributor with relation to those Community Topos and a Verified Author with relation to those Verified Topos. If you contribute to a Verified Topo for a Team you don’t belong to, you are considered a Contributor only, and are not regarded as a Verified Author in relation to that Topo.

6.2 Verified Topo maintenance by a Team

A Verified Topo shall always be Maintained by a Team. All Team provisions in subsection 3.3.4 also apply to Teams Maintaining Verified Topos.

Team members have exclusive right to Maintain Verified Content of any Verified Topo Maintained by that Team, unless it violates these Terms or applicable laws. Teams are free to arrange their internal collaboration according to their liking.

As a Verified Author you are responsible for making sure all Verified Content you submit on the Service is accurate. In addition, Fully Competent Verified Authors are also responsible for reviewing any amendment suggestions from Premium Users, and then approving or rejecting them.

6.3 Verified Content’s ownership and licensing; liability

You retain existing ownership and moral rights to the Verified Content you submit on the Service, but you grant 27 Crags and its Partners unlimited, worldwide, perpetual, irrevocable, transferable, sub-licensable and non-exclusive rights and license to, commercially and non-commercially, directly and indirectly, publicly and non-publicly, reproduce (copy), prepare derivative works based upon, distribute, perform, display and transmit it, and make it available, in connection with the Service and marketing thereof.

You are liable for having competence to grant aforementioned rights and license (see 3.7 for possible penalties, liabilities and indemnification).

Verified Authors of Topo lines and Topo images are tracked by the Service and their names are published in connection to them. You accept this to be complete fulfilment of your right of attribution.

6.4 Verified Author’s royalty

The contractual relationship of a Verified Author shall not constitute an employment agreement. A Verified Author shall be solely responsible for any notifications to tax authorities or other competent authorities as may be required under applicable local laws with respect to Premium Royalties.

6.4.1 Calculation of the Premium Royalty

Verified Author’s “Premium Royalty” (R_{va}) is calculated as follows:

R_{va} = \frac{p_{pd} \times t_{dl}}{s_{pm}} \times R_{27Crags} \times 50 \%,

where

  1. p_{pd} = Topo price per download;
  2. t_{dl} = Total downloads of Topo per month;
  3. s_{pm} = monthly sales of all Topos per month; and
  4. R_{27Crags} = 27 Crags’ monthly Net Revenue.

Topo price per download (p_{pd}) is determined by the formula

p_{pd} = n_r \times r \times Q,

in which

  1. n_r = the number or routes/pitches of the Topo;
  2. Q = the quality factor (“Q-Factor”); and
  3. r = 0,02 € for mainly boulder crags, and 0,05 € for mainly traditional or sport crags.

Q-Factor represents the quality of the Topo and is the aggregate value of these subfactors (counted in when satisfied):

  1. +0.2 for Topo description;
  2. +0.2 for access info, approach and GPS trails;
  3. +0.2 for quality of the Topo images;
  4. +0.1 for route descriptions;
  5. +0.1 for route properties;
  6. +0.1 for route info: firs ascent and date; and
  7. +0.1 for additional images.

“Net Revenue” is all revenue actually received by 27 Crags in respect of sales of a Verified Content, less the following:

  1. government taxes and duties (e.g., VAT, excise or sales tax, governmental withholdings and foreign tax withholdings) incurred by 27 Crags in connection with the sale or commercial exploitation of the Premium Topo;
  2. any refunds paid to Premium Users and chargebacks relating to such sales; and
  3. any direct costs relating to Service maintenance and business operations.

6.4.2 Royalty payment

You shall receive statements of your share of Premium Royalty and such monies are credited to your account within 30 days after the end of each calendar quarter for each such preceding quarterly period. Team administrators and only they are authorized to submit and change settings related to payments (e.g. payees and their account numbers).

The minimum royalty payment per calendar quarter is 300 €. Royalty payments of more than 100 € and less than 300 € will be disbursed at the latest, alongside payments for the last quarter of the year. You will be responsible for any bank fees and taxes or other charges relating to such withdrawals.

You take sole responsibility for ensuring that your designated bank or financial institution is able to receive royalty payments. Our payment obligation shall be deemed fulfilled once the relevant amount has been duly transferred to the bank account details provided by you. You acknowledge and agree that you shall bear all risks and costs associated with your bank’s ability or inability to process incoming payments, as well as any risks arising from restrictions, sanctions, trade embargoes, currency controls, or other governmental or regulatory actions that prevent or delay the receipt of royalties. No interest or late payment charges shall accrue to us for any delay caused by such risks.

27 Crags may at its sole discretion offer you an advance payment, which shall be separately agreed in writing between 27 Crags and you, and recouped from royalties otherwise payable to you.

As a Verified Author, you may request for your Premium Royalty to be directly paid to a bolt/access fund of your choice. 27 Crags retains complete authority to approve or reject such a request and also to revoke such payments without undertaking any obligation or liability thereof. You are not authorized and you are liable not to assign any claim against 27 Crags to a bolt/access fund without 27 Crags’ consent.

6.4.3 Royalty disputes and preclusion

Any objection relating to any accounting statement or any legal claims arising from Premium Royalty must be made (and any lawsuit commenced) no later than one year after the date the statement is initially sent to you.

6.4.4 Limitation period for royalties

Any claim for payment of royalties must be made within 3 years from the date on which the royalty became due. After such period has lapsed, the right to claim such royalty shall be time-barred and unenforceable. You waive any longer statute of limitations that may be permitted by law.

Upon expiry of the limitation period specified above, any royalties that have not been duly claimed by the entitled party shall no longer be enforceable. Such unclaimed royalties shall be transferred to bolt/access fund at 27 Crags sole discretion, and the entitled party shall have no further rights or remedies in respect thereof.

6.5 Penalties, preventive measures and indemnification

In addition to what is stipulated in subsection 3.7, 27 Crags is entitled, at its sole discretion, as a penalty for a violation and as a preventive measure, to withhold any unpaid Premium Royalty.

6.6 Term and termination; recompense

Verified Author provisions will become effective as of the moment of becoming a Verified Author and will continue to apply until terminated by either you or 27 Crags.

A Verified Author’s status as a Verified Author terminates at the moment of resigning a Team membership: it terminates in relation to those Verified Topos the Team in question is Maintaining. The status terminates completely and absolutely upon terminating the Agreement.

Responsibilities described in subsection 6.2, however, will still continue as liabilities alongside provisions in subsection 3.7 for 30 calendar days after the resignation, and at least as long as there is any advance payment left not completely recouped from your Premium Royalty otherwise payable to you. Your copyright (all transferable rights) to the Verified Content submitted by you, will be transferred to 27 Crags at the moment of resignation. The transfer is subject to the recompense of the Verified Author paid as final payment of his/her Premium Royalties amounting to last 12 month’s aggregate.

The provisions in subsections 6.3 and 6.5 still apply after the termination of other Verified Author provisions.

7 Miscellaneous

7.1 Amendments of these Terms

We reserve the right to amend these Terms without prior notice. You will be notified of amendments by email and at the next time you access your account, and you can either accept or reject the amended Terms; your rejection is interpreted as your termination of this Agreement (cf. section 3.6).

For Verified Authors we provide 30 days prior notice of amendments on Verified Author provisions.

Amendments shall become effective immediately upon being posted on the Service.

7.2 Notices

27 Crags may give notices to Users by posting a message on the Service, by email or by any other means by which users may obtain actual knowledge thereof. Notices by Users to 27 Crags must be given by email or conventional mail. Notices to 27 Crags by email should be sent to , and by conventional mail to 27 Crags Oy, Keljonkatu 15 D, 40600 JYVÄSKYLÄ, FINLAND. Notices by a User to 27 Crags will not amend this Agreement, unless the amendment is expressly accepted in writing by an authorized officer of 27 Crags.

7.3 Disclaimer of warranties and limitation of liability

7.3.1 On climbing

By using the Service, you are hereby acknowledging that rock climbing is an inherently dangerous sport, participation in which can cause permanent disability, paralysis, other serious injury, or even death, to you and those around you.

You should never climb

  • without extensive training and proper supervision by experienced and professional climbers;
  • without proper high-quality rock climbing gear;
  • in an area in which you are not completely familiar; or
  • if you are not willing to accept full responsibility for the consequences of your participation in this inherently dangerous sport.

7.3.2 Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS.” 27 CRAGS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. 27 CRAGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. 27 CRAGS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 27 CRAGS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL

  1. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
  2. WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
  3. WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE;
  4. WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE;
  5. WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND
  6. WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY 27 CRAGS OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

7.3.3 Limitation of liability

You accept that the information, content, and/or directions provided the Service may be inaccurate or outdated, and they are not substitutes for safe trail use and navigation, and 27 Crags makes no claims or representations otherwise.

IN NO EVENT SHALL 27 CRAGS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES (INCLUDING INJURIES OR DEATH), LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF 27 CRAGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 27 CRAGS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

7.4 Jurisdiction, choice of law and forum

The Service is operated in Finland. If you access the Service from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.

These Terms and the Agreement shall be governed by and construed and enforced by Finnish law, without reference to the principles of conflicts of laws.

Any dispute, controversy or claim arising between 27 Crags and you arising out of or relating to this Agreement or the existence, validity, termination, interpretation of any term hereof or either party’s performance obligations hereunder shall be finally settled in the District Court of the City of Helsinki, Finland as the first instance.

You may also access the EU Online Dispute Resolution platform.3

7.5 Order of precedence

In the event of an inconsistency in these Terms, the inconsistency shall be resolved by giving precedence in the following order (smaller number indicating higher priority):

  1. Separate agreements,
  2. Privacy Policy,
  3. Section 6 of these Terms,
  4. Section 4 of these Terms,
  5. Section 5 of these Terms,
  6. These Terms in general.

  1. https://27crags.com/site/privacy.↩︎

  2. For more information see https://27crags.com/manage_subscription.↩︎

  3. See http://ec.europa.eu/consumers/odr.↩︎