Statement of Rights and Responsibilities

FOR

EXTREME ADVENTURES WORLDWIDE

AND

WWW.EXTREMEADVENTURES.COM

 

GENERAL:

This Statement of Rights and Responsibilities (“The Statement” or “Terms”) governs your access to and use of the services of Extreme Adventures Worldwide (“EAW”) and it’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by this statement

TERMS:

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the Profile – Privacy under your home page to control who sees your Content). You should only provide Content that you are comfortable sharing with others.

You may use the Services only if you can legally form a binding contract with Extreme Adventures Worldwide and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules and regulations.

The Services that Extreme Adventures Worldwide provides are always evolving and the form and nature of the Services that Extreme Adventures Worldwide provides may change from time to time without prior notice to you. In addition, Extreme Adventures Worldwide may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy:

Any information that you provide to Extreme Adventures Worldwide is subject to our Privacy Policy below, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Canada, the United States and/or other countries for storage, processing and use by Extreme Adventures Worldwide. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Extreme Adventures Worldwide account, which you may not be able to opt-out from receiving.

You can opt-out of most communications from Extreme Adventures Worldwide including our newsletter, new member emails, etc. Please see the Notices tab of Settings for more.

Passwords:

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Extreme Adventures Worldwide cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services:

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you agree to also follow and abide by the top fifteen rules as set out on our home page, and you may be exposed to Content that might be inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Extreme Adventures Worldwide be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Safety: Top 15 Safety Rules

We will do our best to keep Extreme Adventures Worldwide safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Extreme Adventures Worldwide.
2. You will not collect users' content or information, or otherwise access Extreme Adventures Worldwide, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Extreme Adventures Worldwide.
4. You will not upload viruses or other malicious code or do anything that could disable, overburden, or impair the proper working of Extreme Adventures Worldwide, such as a denial of service attack.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, harass or annoy any user.
7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence or do anything unlawful, misleading, malicious, or discriminatory.
8. You will help to foster positive respectful relationships within the Extreme Adventures community.

Content will not;

1. Include content that might appeal to (or mislead) minors or others by implying that the consumption of alcoholic beverages or drug use is fashionable or the accepted course of behaviour.
2. Include any person under the legal drinking age that appear, or be suggestive of the presence of those who are underage, or involved in or in the presence of those involved in drug use.
3. Portray or promote intoxication either by alcohol or drugs.
4. Induce people to consume alcohol in excess, make references to the intoxicating effects of alcohol, depict activities that encourage excessive consumption or that encourage drinking at a rapid rate, or any and all drug use.
5. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Extreme Adventures Worldwide without our prior written consent.
6. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
7. You will not facilitate or encourage any violations of this Statement.

Please see the internet safety guidelines for further age related safety suggestions.

Your Rights:

You retain your rights to any Original Content you submit, post or display on or through the Services, however you are responsible for any Content you submit to the Services. By submitting, posting or displaying Content on or through the Services, you grant Extreme Adventures Worldwide a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

This license is you authorizing us to make your Content available to the rest of the world and to let others do the same. But what’s yours is yours – you own your content.

You agree that this license includes the right for Extreme Adventures Worldwide to make such Content available to other companies, organizations or individuals who partner with Extreme Adventures Worldwide for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Extreme Adventures Worldwide, or other companies, organizations or individuals who partner with Extreme Adventures Worldwide, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Extreme Adventures Worldwide will not be responsible or liable for any use of your Content by Extreme Adventures Worldwide in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Extreme Adventures Worldwide gives you a personal, worldwide, non-assignable and non-exclusive license to use the software that is provided to you by Extreme Adventures Worldwide as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Extreme Adventures Worldwide, in the manner permitted by this Statement

Extreme Adventures Worldwide Rights:

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Extreme Adventures Worldwide and its licensors. The Services are protected by copyright, trademark, and other laws of Canada, The United States and foreign countries. Nothing in the Terms gives you a right to use the Extreme Adventures Worldwide name or any of the Extreme Adventures Worldwide trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Extreme Adventures Worldwide, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services:

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames, should this Statement of Rights and Responsibilities or any other legal element of our service be violated.  Please review the Top Fifteen Rules(which are part of these Terms), and further legal agreements found under the INFO - LEGAL tabs on the site, to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Extreme Adventures Worldwide, its users and the public.  Extreme Adventures Worldwide also reserves the right to keep any and all documentation regarding any incident as it pertains to potential, alleged, or actual violations of this statement or any other legal document found herein.

Extreme Adventures Worldwide does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Further, Content will not contain any of the following alcohol or drug related indications. Content will NOT

1. Contain any indication of underage alcohol consumption or any indication of drug use either prescription or otherwise.
2. Contain anything that might appeal to (or mislead) minors by implying that the consumption of alcoholic beverages or drugs is fashionable or the accepted course of behaviour for those who are underage or otherwise.
3. Contain any indication of the effects of alcohol or drug use, nor allude to the feelings associated to that use or portray or promote intoxication.
4. Contain anything that is intended to mislead the viewer into believing that the alcohol or drug use will provide them with a certain effect.
5. Contain any person under the influence of drugs or alcohol.

Karma Points

Karma points are design as as fun way to interact and keep involved in our community.  As such, we may assign certain point values to certain actions within the community.  The intent is for regular everyday participation on the community to gain you points for possible use later in our Bazaar or virtual store, or for other purposes.  Please monitor yourself and those you are responsible for to prevent missuse or repeated use of a point acton just to increase the amount of points you have.  Should there be a missuse of any feature that garners points within the community, Extreme Adventures Worldwide reserves the right to remove the rewarding of points for certain actions at any time with or without notice to users.  The list of actions that reward points will remain unpublished, so just participate and things may surprise you.

Registration and Account Security:

Extreme Adventures Worldwide users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. 1. You will not provide any false personal information on Extreme Adventures Worldwide, or create an account for anyone other than yourself without permission.
   2. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
   3. You will not use Extreme Adventures Worldwide if you are under 13, except in accordance with our Family Section.
   4. You will not use Extreme Adventures Worldwide if you are a convicted sex offender.
   5. You will keep your contact information accurate and up-to-date.
   6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
   7. You will not transfer your account to anyone without first getting our written permission.
   8. When you select a username for your account, Extreme Adventures Worldwide reserves the right to remove or reclaim it if we believe it to be inappropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name), or is profane or otherwise inappropriate in nature.

Family Section:

The intent with this section is to allow a family unit that is embarking on an adventure to be able to enjoy the Extreme Adventures Worldwide environment and provide a forum for the recording of that adventure, similar to many families starting their own blogs to keep in touch with friends and families while on a trip.  These guidelines will be strictly adhered to in order to protect the younger (under 13) members of the family.  In signing up under a family username you agree to:

1. 1. Only a parent or legal guardian is permitted to initiate and control the sign in process and account information.
   2. The parent or guardian will immediately adjust all privacy settings allowed by the system.
   3. Under the privacy settings, the parent or guardian will set the profile information to only be accessible to themselves or friends.
   4. The parent or guardian will not post any vital statistics about family members under the age of 13.
   5. The parent or guardian will not allow the children under the age of 13 to be independently using Extreme Adventures Worldwide and will directly supervise them while they are on the system.
   6. The parent or guardian will only register one family profile and provide a valid email address for the parent or guardian, and not that of a minor (person under 18).
   7. The parent or guardian will review with all family members under the age of majority recommended tips for internet safety.  See internet safety guidelines.

Copyright Policy:

Extreme Adventures Worldwide respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(ii) identification of the copyrighted work claimed to have been infringed;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) your contact information, including your address, telephone number, and a valid email address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Extreme Adventures Worldwide will also terminate a user’s account if the user is determined to be a repeat infringer or depending on the nature of the infringement.

The Services are Available “AS-IS”:

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, EXTREME ADVENTURES WORLDWIDE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT WHERE OTHERWISE NOTED. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Extreme Adventures Worldwide will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Extreme Adventures Worldwide has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Extreme Adventures Worldwide or through the Services, will create any warranty not expressly made herein.

Links:

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Extreme Adventures Worldwide of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and may be bound by other Terms of Service, Privacy Policies, Statements of Rights and Responsibilities as required by other websites.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXTREME ADVENTURES WORLDWIDE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EXTREME ADVENTURES WORLDWIDE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disputes:

1. 1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Extreme Adventures Worldwide exclusively in a provincial or federal court located in Moncton, New Brunswick. The laws of Canada and the Province of New Brunswick will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Moncton, New Brunswick for the purpose of litigating all such claims.
   2. If anyone brings a claim against us related to your actions, content or information on Extreme Adventures Worldwide, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
   3. WE TRY TO KEEP EXTREME ADVENTURES WORLDWIDE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EXTREME ADVENTURES WORLDWIDE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Waiver and Severability:

The failure of Extreme Adventures Worldwide to enforce any right or provision of this Statement will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.