Last updated on July 15, 2015
PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
1. Basic Terms
You are responsible for your use of the Site, for any Content you post to the Site, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Site and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Site only if you can form a binding contract with Outdoor Project and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Site on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Site only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Site is evolving and the form and nature of the services that Outdoor Project provides may change from time to time without prior notice to you. In addition, Outdoor Project may stop (permanently or temporarily) providing the Site (or any features within the Site) 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.
The Site may include advertisements, which may be targeted to the Content or information on the Site, queries made through the Site, or other information. The types and extent of advertising by Outdoor Project on the Site are subject to change. In consideration for Outdoor Project granting you access to and use of the Site, you agree that Outdoor Project and its third party providers and partners may place such advertising on the Site or in connection with the display of Content or information from the Site whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Site 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. Outdoor Project cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Site
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 Site and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk.
Some Content is provided to us through the Contributor Rewards Program (the “CRP”) and is subject to a Media Use Release Agreement. Contributors who submit Content through the CRP are not employees of Outdoor Project and such Content is the sole responsibility of the person who originated such Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Outdoor Project 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 Site or broadcast elsewhere.
Much of the Content includes outdoor and adventure activities, which may pose dangers and risks unknown to us or are inherently dangerous. We are not responsible for including any safety warnings or assessments of dangers you may encounter by participating in the activities or visiting destinations described in the Content. You rely on Content at your own risk and must use common sense and/or rely on experienced guides or experts where and when appropriate. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OUTDOOR PROJECT ENTITIES SHALL NOT BE LIABLE FOR ANY INJURIES, PERSONAL OR OTHERWISE, INCURRED, DIRECTLY OR INDIRECTLY, AS A RESULT OF PARTICIPATING IN ACTIVITIES OR VISITING DESTINATIONS DESCRIBED IN THE CONTENT. SEE SECTION 11, BELOW.
5. Your Rights to Content You Provide
You retain your rights to any Content you submit, post or display on or through the Site. By submitting, posting or displaying Content on or through the Site, you grant us 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 section does not apply to Content you provide to us as part of the CRP. Such Content provided to us as part of the CRP is subject to our Media Use Release Agreement.
You agree that this license includes the right for Outdoor Project to provide, promote, and improve the Site and to make Content submitted to or through the Site available to other companies, organizations or individuals who partner with Outdoor Project 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 Outdoor Project, or other companies, organizations or individuals who partner with Outdoor Project, 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 Site.
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 Site, 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 syndicated, broadcast, distributed, or published by our partners or affiliates and if you do not have the right to submit Content for such use, it may subject you to liability. Outdoor Project will not be responsible or liable for any use of your Content by Outdoor Project 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.
6. Your License to Use the Site
Outdoor Project gives you a personal, worldwide, and non-exclusive license to use the software that is provided to you by Outdoor Project to access the Site, subject to the access available to you according to any subscription or membership programs we provide as part of the Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by Outdoor Project, in the manner permitted by these Terms. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by Outdoor Project, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software or the Content.
7. Outdoor Project Rights
All right, title, and interest in and to the Site (excluding Content provided by users) are and will remain the exclusive property of Outdoor Project and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Outdoor Project name, any of the Outdoor Project trademarks, logos, domain names, and other distinctive brand features or any of the Outdoor Project Content. Any feedback, comments, or suggestions you may provide regarding Outdoor Project, or the Site 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.
8. Restrictions on Content and Use of the Site
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Site, and to suspend or terminate users. 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 Outdoor Project, its users and the public.
You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, Outdoor Project’s computer systems, or the technical delivery systems of Outdoor Project’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Outdoor Project (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Outdoor Project (NOTE: crawling the Site is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Site without the prior consent of Outdoor Project is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; (v) use, repost, copy, distribute or publish Outdoor Project Content unless you have been specifically allowed to do so in a separate agreement with Outdoor Project (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site.
9. Copyright Policy
Outdoor Project respects the intellectual property rights of others and expects users of the Site to do the same. You may not use our Content in a manner that constitutes copyright infringement. 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 an 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, at our sole discretion, and without liability to you. In appropriate circumstances, Outdoor Project will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
The Outdoor Project, Inc.
Attn: Copyright Agent
412 NW Couch Street
Portland, OR 97209 Email: info_at_outdoorproject.com (please include the word Copyright in the email subject line)
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Outdoor Project as follows.
You may end your legal agreement with Outdoor Project at any time for any reason by deactivating your account and discontinuing your use of the Site. You do not need to specifically inform Outdoor Project when you stop using the Site. If you stop using the Site without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy. Our license to use Content survives the deactivation of your account.
We may suspend or terminate your account or cease providing you with all or part of the Site at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) our provision of the Site to you is no longer commercially viable; or (iv) you have not provided the payment required for an account. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Site, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Outdoor Project’s rights to change, limit or stop the provision of the Site without prior notice, as provided above in section 1.
11. Disclaimers and Limitation of Liability
Please read this section carefully since it limits the liability of Outdoor Project and its parents, subsidiaries, affiliates, related companies, members, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Outdoor Project Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Site is Available "AS-IS"
Your access to and use of the Site or any Content are at your own risk. You understand and agree that the Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE OUTDOOR PROJECT ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Outdoor Project Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site; and (iv) whether the Site 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 the Outdoor Project Entities or through the Site, will create any warranty not expressly made herein.
The Site may contain links to third-party websites or resources. You acknowledge and agree that the Outdoor Project Entities 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 the Outdoor Project Entities 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.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OUTDOOR PROJECT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OUTDOOR PROJECT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID OUTDOOR PROJECT, IF ANY, IN THE PAST SIX MONTHS FOR THE SITE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE OUTDOOR PROJECT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Outdoor Project to enforce any right or provision of these Terms 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, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Oregon without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in the federal or state courts located in Multnomah County, Oregon, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Site in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Oregon (excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at outdoorproject.com. You acknowledge and agree that it is your responsibility to review these Terms from time to time and to familiarize yourself with any changes. We may in our sole discretion notify you via an @outdoorproject update or e-mail to the email associated with your account of changes in the Terms. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by The Outdoor Project, Inc. If you have any questions about these Terms, please contact us at support_at_outdoorproject.com or:
The Outdoor Project, Inc.
412 NW Couch Street
Portland, OR 97209