- 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.
- Premium User provisions in section 4 apply to Premium Users.
- Author provisions in section 5 apply to Authors.
- Premium Author provisions in section 6 apply to Premium 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.
- Agreement: legal agreement between you and 27 Crags, constituted by your acceptance of these Terms.
- 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.
- Author: A User who publishes Free Topo Content.
- Premium Author: A User who publishes Premium Topo content and/or belongs to a Team which maintains Premium Topo 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 Users.
User Content: Any other 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).
- Free Topo Content: Topo Content not labeled as Premium.
- Premium Topo Content: Topo Content labeled as Premium.
- Other User Content: Any other User Content.
- Free Crag: a crag with Free Topo Content.
- Premium Crag: a crag with Premium Topo Content.
- 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: refers to any development or maintenance of Topo Content, 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
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 firstname.lastname@example.org.
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.
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 Free Topo Content, including most Service’s features, excluding Premium Topo 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 );
- 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:
- submitting any prohibited User Content as defined in section 3.3.3;
any harmful or malicious behavior against (other) Users:
- any threatening, harassing, sexually suggestive, abusive, racist, discriminatory, defamatory, hateful or slanderous behavior;
- Scraping of another User’s information;
- deleting or revising any material or other information of any other User of the Service;
- submitting information about another person without his/her consent;
any harmful or malicious behavior against the Service or 27 Crags:
- allowing any other person to use your username and/or password;
- taking any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;
- attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service;
- creating derivative works of the Service or any part thereof;
- Scraping of any Service Content;
- 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;
- any action that exceeds the license stipulated in section 3.4;
- 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 support@27Crags.com, 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:
- promotes or endorses false or misleading information;
- 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 for competence prerequisites);
- displays or links to any unlawful, profane, vulgar, pornographic, sexually explicit, indecent, obscene, defamatory, threatening, harassing, abusive, racist, discriminatory, hateful or slanderous material;
- engages in, endorses or promotes illegal activities or conduct, constitutes a criminal offense or gives rise to civil liability;
- otherwise violates any law;
- constitutes advertisements or solicitations of business, spam, surveys, contests, links unrelated to climbing, chain letters or pyramid schemes;
- 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.
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 crags 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.
3.4.1 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.
3.4.2 USER AS A LICENSOR; LIABILITY
You retain all existing ownership and moral rights to the User Content you submit on the Service. Provisions under section 5.2 apply to Free Topo Content, and provisions under section 6.3 apply to Premium Topo 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.
We offer you all Free Topo 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.Premium Topo Content, see 4).
3.6 TERM AND TERMINATION
This Agreement’s general User provisions (this section), as well as Author 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).
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:
- User Content you submit on, post to or transmit through the Service (see section 3.3.3);
- your use of the Service or violation of any rights of another (see section 3.3.2); and/or
- 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: Premium 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.
- 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.
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 or PayPal 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 TOPO AMENDMENTS AND REMUNERATIONS
You can suggest amendments to Premium Topo Content. Amendment suggestions are reviewed and then approved or rejected by members of the Team maintaining the crag in question. For every accepted suggestion you receive a remuneration as an extension of your Premium subscription period.
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 Service https://27crags.com/manage_subscription.
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 email@example.com.
5 AUTHOR PROVISIONS
5.1 HOW TO BECOME AN AUTHOR
You become an Author (defined in section 1)
- by creating a new crag, and submitting Topo Content to it;
- by submitting Topo Content to a crag not maintained by any Team; or
- by joining a Team that maintains a Free Crag, and submitting Topo Content to that crag.
5.2. FREE TOPO CONTENT’S OWNERSHIP AND LICENSING; LIABILITY
You retain all existing ownership and moral rights to the Free Topo 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).
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.
Provisions under section 6.3 apply to Premium Topo Content.
5.3 FREE CRAG MAINTENANCE
5.3.1 FREE CRAG NOT MAINTAINED BY ANY TEAM
If you don’t select or create a Team to maintain the crag 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 crag, and if you don’t join that Team, you will no longer be able maintain the crag.
If someone, in such a situation, takes over Topo Content created by you, please contact us to firstname.lastname@example.org.
5.3.2 MAINTENANCE BY A TEAM
If you select a Team for a crag, then the crag will be set under that Team’s maintenance, i.e. the right to add, modify and delete Topo Content of that crag is assigned to the Team. A Free Crag will be automatically removed from Team’s maintainership if left unupdated for 2 months.
Technically the Service allows every Team member to add, modify and delete Topo Content of any crag 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 for specific provisions on Premium upgrade.
5.4 UPGRADING A FREE CRAG INTO A PREMIUM CRAG
5.4.1 VOLUNTARY AND COMPULSORY UPGRADE
A Free Crag maintained by a verified Team may be upgraded into a Premium Crag. The request for an upgrade can be made by any member of that Team.
If a Free Crag has 7 Topo images, the crag must be upgraded into a Premium Crag in order to publish more Topo images; until that time, even if added, new images stay hidden.
If a Free Crag has 20 Topo lines, the crag must be upgraded into a Premium Crag in order to publish more Topo lines; until that time, even if added, new lines stay hidden.
5.4.2 TOPO CONTENT CONVERSION AND AUTHORIZATION THERETO
In the upgrade all Free Topo Content, that has been submitted by an Author belonging to the Team maintaining the crag, is instantly converted into Premium Topo Content. If the crag has any Topo Content submitted by an Author not belonging to the Team, the publication of that Topo Content as Premium Topo Content requires that Author’s consent, which is not subject to any formal requirements and may be given explicitly or implicitly, e.g. as the Author’s affiliation to the Team. Team Members are responsible for inviting such an Author to join. The Topo Content becomes and stays hidden, until the consent is given.
As a Team member you authorize any other Team member, with regard to the Free Topo Content submitted by you, to upgrade the Free Crag in question into a Premium Crag and to include that Free Topo Content in it, thus converted into Premium Topo Content.
6 PREMIUM AUTHOR PROVISIONS
6.1 HOW TO BECOME A PREMIUM AUTHOR
In order to become a Premium Author you have to be a natural person, and
- at least 18 years old with full capacity to contract (“Fully Competent”); or
- 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 Premium Author
- by upgrading a Free Crag maintained by your Team into a Premium Crag (see section 5.4.1); or
- by joining a Team that maintains a Premium Crag.
You will be asked to confirm your age (and the guardian’s consent if Minor).
Being a Premium Author is relative: if your Team or Teams maintain more than one crag, some of them being Free Crags and some of them being Premium Crags, you are an Author with relation to those Free Crags and a Premium Author with relation to those Premium Crags.
6.2 PREMIUM CRAG MAINTENANCE BY A TEAM
A Premium Crag shall always be maintained by a Team. All Team provisions in subsection 3.3.4 also apply to Teams maintaining Premium Crags.
Team members can add, modify and delete Premium Topo Content of any crag maintained by that Team, and unless it violates these Terms or applicable laws, Teams are free to arrange their internal collaboration according to their liking.
As a Premium Author you are responsible for making sure all Premium Topo Content you submit on the Service is accurate. In addition, Fully Competent Premium Authors are also responsible for reviewing any amendment suggestions from Premium Users, and then approving or rejecting them.
6.3 PREMIUM TOPO CONTENT’S OWNERSHIP AND LICENSING; LIABILITY
You retain all existing ownership and moral rights to the Premium Topo 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).
Premium 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. PREMIUM AUTHOR’S ROYALTY
6.4.1 CALCULATION OF THE PREMIUM ROYALTY
Premium Author’s “Premium Royalty” (Rpa) is calculated as follows:
Rpa = (Ppd × Tdl / Spm) × R27crags × 50%
- Ppd = Topo price per download;
- Tdl = Total downloads of Topo per month;
- Spm = monthly sales of all Topos per month; and
- R27crags = 27 Crags’ monthly Net Revenue.
Topo price per download (Ppd) is determined by the formula
Ppd = nr × r × Q,
- nr = the number or routes/pitches of the crag;
- Q = the quality factor (“Q-Factor”); and
- 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):
- +0.2 for crag description;
- +0.2 for access info, approach and GPS trails;
- +0.2 for quality of the Topo images;
- +0.1 for route descriptions;
- +0.1 for route properties;
- +0.1 for route info: firs ascent and date; and
- +0.1 for additional images.
“Net Revenue” is all revenue actually received by 27 Crags in respect of sales of a Premium Topo Content, less the following:
- 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;
- any refunds paid to Premium Users and chargebacks relating to such sales; and
- 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).
Once payment has been credited to your account, you will be able to withdraw all or a portion of it at your discretion. Minimum payout using bank transfer (IBAN) is 100 € and for PayPal transfer 20 €. Payments are processed between 15th and 30th of each month. You will be responsible for any bank fees and taxes or other charges relating to such withdrawals.
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 Premium 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, and you waive any longer statute of limitations that may be permitted by law.
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
Premium Author provisions will become effective as of the moment of becoming a Premium Author and will continue to apply until terminated by either you or 27 Crags.
A Premium Author may as a Premium Author terminates at the moment of resigning the Premium Team membership or 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 Premium Topo Content submitted by you, will be transferred to 27 Crags at the moment of resignation. The transfer is subject to the recompense of the Premium 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 Premium Author provisions.
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 Premium Authors we provide 30 days prior notice of amendments on Premium Author provisions.
Amendments shall become effective immediately upon being posted on the Service.
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 email@example.com, and by conventional mail to 27 Crags Oy, Kivääritehtaankatu 6 C, 40100 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
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
- WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
- WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE;
- WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE;
- WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND
- 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 http://ec.europa.eu/consumers/odr.
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):
- Separate agreements,
- Section 6 of these Terms,
- Section 4 of these Terms,
- Section 5 of these Terms,
- These Terms in general.