ViewRanger Terms and Conditions
Key sections of this document
- ACCEPTABLE USE POLICY
- CONTENT STANDARDS
- TERMS OF SHARING
- SOFTWARE LICENCE
- CHANGES TO VIEWRANGER POLICY
The user agrees to use the ViewRanger service and mobile app in a manner consistent with safe and prudent navigation practices, and shall not rely soley on the service in any role that is critical to the safety of life or property.
Information about us
ViewRanger is a service operated by Augmentra Limited ("We"). We are registered in England and Wales under company number 05682551 and have our registered office at 10 Jesus Lane, Cambridge, CB5 8BA, UK. Our main trading address is St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS, UK. Our VAT number is 883387183. If you have any questions, please contact us at firstname.lastname@example.org
"ViewRanger" is a registered Community Trade Mark of Augmentra Limited. "Augmentra","BuddyBeacon" and "TripView" are protected by unregistered trade mark rights asserted by Augmentra Limited.
Users of ViewRanger are encouraged to contribute to the service with details of routes or courses which can be walked, run, cycled, climbed, ridden, driven, swam, sailed or otherwise travelled! A route may consist of a title describing the route, a brief description of the route, a trail tracing the physical route against a map, and markers along the trail describing points of interest, or containing photographs, links and other additional information to enhance the information included in a route ("Way Points") (collectively "Routes"). Routes can be created by users so that they are private (available only to that user), or public. The public Routes on our service are designed to form part of an interactive community, where people can share their knowledge and experiences of the great outdoors.
Those who wish to contribute Routes to our site ("Route Contributors"), and who are interested in sharing those Routes publicly and potentially making some money as a result, as well as those who add content to, or rate or comment on existing shared Routes ("Secondary Contributors") agree to our Terms of Sharing.
Reliance on information posted
Routes, commentary and other materials posted on our service are provided to enhance your leisure experience, but are not intended to be the sole source of information used by you and therefore they do not amount to advice on which reliance should be placed. Please observe our safety advice [link to safety page on website]. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our service, or by anyone who may be informed of any of its contents.
Our service changes regularly
We aim to update our service regularly, and may change available content at any time. As with most published material, the accuracy of a public Route is likely to be highest on the dates closest to the date that the Route is published. Neither we nor the Route Contributors are under any obligation to update such material.
The material displayed on our service is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
* All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
* Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
* loss of income or revenue;
* loss of business;
* loss of profits or contracts;
* loss of anticipated savings;
* loss of data;
* loss of goodwill;
* wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Uploading material to our service
Whenever you make use of a feature that allows you to upload a Route or any other material to our service, or to make contact with other users of our service, you must comply with our content standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Except for Routes and related content that you upload on a private basis, all other material you upload to our service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our servoce constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our service.
We have the right to remove any Routes, related content, comments, ratings or any material or posting you make on our service if, in our opinion, such material does not comply with our content standards.
Viruses, hacking and other offences
You must not misuse our service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our service, any server on which our service is stored or any server, computer or database connected to our service. You must not attack our service via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our service will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our service
Using the sharing and linking features provided by the service, you may link to other pages within our service, such as Route pages or profile pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The website or any other material from which you are linking must comply in all respects with our content standards.
If you wish to make any use of material on our service other than that set out above, please address your request to email@example.com.
Links from our service
Where our service contains links to sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, using our service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Apple Auto-renewing subscriptions.
* Some map products offered for sale within the app use Apple auto-renewing subscriptions in order to ensure continued provision of that product.
* Payment will be charged to iTunes Account at confirmation of purchase
* Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
* Your account will be charged for renewal within 24-hours prior to the end of the current period at the subscription price option you have previously selected.
* Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
* Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
VIEWRANGER ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access and contribute to our service. This acceptable use policy applies to all users of, and visitors to, our service.
You may use our service only for lawful purposes. You may not use our service:
* In any way that breaches any applicable local, national or international law or regulation.
* In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
* For the purpose of harming or attempting to harm minors in any way.
* To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
* To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, junk mail, chain letters or any other form of similar solicitation (spam).
* To knowingly transmit any data, send, upload or post any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or telecommunications equipment.
You also agree:
* Not to use the site to:
* Impersonate any person or entity or falsely state or otherwise suggest your affiliation with a person or entity;
* Extract, collect, process, combine or store personal data about other users;
* Use any automated process to use or abuse the system, such as using scripts to add friends or send comments;
* Attempt to impersonate another user or another user's site profile or access the account, username or password of another user; or
* Sell or otherwise transfer your profile.
* Not to access without authority, interfere with, damage or disrupt:
* any part of our service;
* any equipment or network on which our service is stored;
* any software used in the provision of our service; or
* any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our service. When a breach of this policy has occurred, we may take such action as we deem appropriate.
* Immediate, temporary or permanent withdrawal of your right to use our service to upload, download, post or view any material.
* Immediate, temporary or permanent removal of any Routes, related content, comments, ratings or any posting or material uploaded by you to our service.
* Issue of a warning to you.
* Forfeit of any current balance of credits and/or cash and all future earnings attributable to your account and/or profile on our service.
* Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
* Further legal action against you.
* Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
VIEWRANGER CONTENT STANDARDS
We would like users to contribute Routes and related content to our service, as we want the service to function as an interactive community. Route Contributors also gain the opportunity to share their Routes on a public basis and to make money if others choose to download their publicly available Routes. If you share your Routes or any related content on a public basis or add to existing shared Routes as a Secondary Contributor you agree to our Terms of Sharing.
Additionally, all the material you contribute to our service (contributions) must comply with these content standards. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
* Be accurate (where they state facts).
* Be genuinely held (where they state opinions).
* Disclose for the benefit of service users the details of any commercial arrangements that have, or may be perceived to have, influenced or in any way affected the contributions made to our service. This includes, but is not restricted to, any incentive, financial or otherwise, which has affected, or may be perceived by others to have affected, the impartiality of your contributions or may have influenced your contributions in any way. For example, if a third party has funded any costs associated with travelling a Route you then go on to publish, this should be disclosed within your article in a prominent position for the benefit of other users.
* Be provided by Route Contributors on the basis that if any Route is set by the Route Contributor to be shared publicly, the Route and any related contributions can thereafter be shared with other users in accordance with the Terms of Sharing .
* Be provided by Secondary Contributors on the basis that contributions made to any existing Route that is set to be shared publicly can thereafter be shared with other users in accordance with the Terms of Sharing.
* Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
* Contain any material which is defamatory of any person.
* Contain any material which is obscene, offensive, hateful or inflammatory.
* Promote sexually explicit material.
* Promote violence.
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
* Infringe any copyright, database right or trade mark of any other person.
* Be likely to deceive any person.
* Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
* Promote any illegal activity.
* Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
* Be likely to harass, upset, embarrass, alarm or annoy any other person.
* Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
* Give the impression that they emanate from us, if this is not the case.
* Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
* Include any content that you did not create or that you do not have permission to post.
TERMS OF SHARING
Users of the service are able to:
a) Download and use Routes that are contributed by other users and shared on a "without charge" basis;
b) Upon payment of the Route fee, download and use Routes that are contributed by other users and shared on a "pay per Route" basis;
c) Contribute Routes on a private basis, so that the Route is not visible to others on the service and is available for that user's personal use only;
d) Contribute Routes on a shared basis for use by other users of the service without charge;
e) Contribute Routes on a shared basis for use by other users of the service on a "pay per Route" basis, with revenue sharing arrangements as per this policy; and
f) Contribute content to another user's existing shared Route.
These Terms of Sharing apply to Route Contributors who choose to contribute Routes according to scenarios c), d) and e) above, and Secondary Contributors who choose to contribute content according to scenario f) above.
Intellectual Property Licence
If you contribute a Route to the service on a private basis, by doing so you license us to process that information to the extent necessary to provide you with private access to that Route.
By contributing a Route to the service on a shared basis, changing an existing private Route to shared status, or by adding any content to one of your existing shared Routes, you grant to Augmentra Limited the following licences:
* a non-exclusive, perpetual, worldwide, sub-licensable licence to use, exploit, edit and adapt that Route and each constituent element of any Route for the purpose of promoting healthy outdoor pursuits using a social media environment; and
* an exclusive, world-wide, sub-licensable licence to exploit the Route and each constituent element of that Route for 10 years since the most recent edit by you. Sales of the Route itself shall be at the selling price suggested by you. The selling price that you set can be zero. Sales of Route content within Route Bundles, Mixed Bundles, and revenue from in-Route Advertising and Syndicated Content (each of which are defined within the Commercial Terms section below) shall be at the rates set by us. This exclusive licence will terminate in the event that the Route or any part of it is not accepted by us for publication, or in the event that we choose for any reason to archive or remove the Route from the service.
We respect the intellectual property of others. In the event that your Route or any constituent parts of it are currently or have previously been licensed to any third party, you must contact us with details of such licences and/or details of such previous publication(s) before contributing that Route to the service.
By contributing content to another user's existing shared Route, you will be making a secondary contribution to that Route and by doing so you grant Augmentra Limited the following licence:
* a non-exclusive, perpetual, worldwide, sub-licensable licence to use, exploit, edit and adapt that contribution and any constituent element of it for the purpose of promoting healthy outdoor pursuits using a social media environment.
We respect the intellectual property of others. In the event that your secondary contribution or any constituent elements of it are currently or have previously been licensed to any third party, you must contact us with details of such licences and/or details of such previous publication(s) before contributing that secondary contribution to the service.
Waiver of Moral Rights
Moral rights arising under the Copyright, Designs and Patents Act 1988 include the right to be attributed as the author of a copyright work, the right not to be falsely attributed as the author of a copyright work, the right to privacy of certain photographs and films, and the right to object to derogatory treatment of a copyright work.
In order to exploit Routes contributed on a shared basis, and in order to operate the service as a social network, we require all contributors of shared Routes (and any joint authors) to waive these rights.
In relation to Route Contributors and Secondary Contributors who contribute any Routes on a shared basis, or secondary contributions to Routes:
a) if you are a Route Contributor and you are the sole author of the Route and all constituent parts of it, you agree to waive absolutely your moral rights and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world;
b) if you are a Secondary Contributor and you are the sole author of the contribution and all constituent elements of it, you agree to waive absolutely your moral rights and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world;
c) if you are not the sole author of the Route or secondary contribution you agree to provide us, before the Route or secondary contribution is uploaded to the service, with written absolute waivers from all joint authors of the Route or secondary contribution on the same terms as above. In the event that you do not provide us with these waivers before or at the same time as uploading the Route or secondary contribution to the service we will assume that you are the sole author of your content.
In consideration of the above Intellectual Property Licences and the above Waiver of Moral Rights, and to the extent that your Route generates revenue to us from other users and third parties, we agree to share a portion of that revenue with you (the Route Contributor) on the following basis.
1) If you set a price for your Route, we will offer your Route to other users of the service at that price (Route Sales). For Route Sales, we will pay you 50% of the Net Revenue (defined below) attributable to that Route.
2) If we bundle your Route with Routes contributed by others (Route Bundles), we will select which Routes appear in that bundle and set the price at which that Route Bundle will be sold. For any sales of those Route Bundles, we will divide the revenue equally between the number of Routes in the Route Bundle and pay each Route contributor 50% of the Net Revenue attributable to their Route.
3) If we bundle your Route with non-Route content such as maps (Mixed Bundles), whether or not other Routes are included in the bundle, we will determine the proportional value of all content in the Mixed Bundle on a reasonable basis, having due regard to the prices and sales volumes achieved by each constituent component prior to release of the Mixed Bundle. For any sales of Mixed Bundles we will pay each Route contributor 50% of the Net Revenue attributable to their Route.
4) If we earn revenue from in-Route advertising or in-Route click-through commissions, and we are able to track such revenues on a per-Route basis using commercially reasonable technical measures, we will pay the contributor of the Route from which those revenues are derived, 40% of the Net Revenue attributable to that Route.
5) If we earn revenue from syndication of content that includes particular Routes, parts of Routes, references to Routes, maps or other content (Syndicated Content), we will identify all the Routes involved and determine the proportional value of all Routes and any other content on a reasonable basis, having due regard to the prominence of each Route and other content. For any revenue achieved by the sale of Syndicated Content, we will pay each Route Contributor 40% of the Net Revenue attributable to their Route.
Net Revenue means the revenue actually received by us less fair deductions (Fair Deductions). Fair Deductions include but are not limited to: value added tax that we must pay in relation to the revenue, withholding taxes and any other relevant tax charges, payment processing fees, appstore fees, fees incurred in the making of payment transfers, and any other charges we incur in paying you.
We would like the Route content on our service to stay fresh, and for this reason we agree to share revenue attributable to a Route Contributor's Route for 5 years from the date of the last edit by them of that Route.
We reserve the right to amend the Commercial Terms for Routes contributed after 1 January 2015. In the event that you do not agree to such revised terms, you may terminate this agreement and as a consequence the exclusivity of our licence to exploit your Routes and our obligation to accrue revenue to your ViewRanger account will terminate on the same date.
When you first start to accrue revenue we will set up a ViewRanger revenue account for you.
Amounts attributable to your Routes will accrue to your ViewRanger revenue account within 10 business days of the date on which we receive payment from users, advertisers, purchasers of Syndicated Content or other third parties.
For purchases of Routes or bundled Routes by users using credits, we will convert those credits to appropriate currency and attribute any resulting amount to your ViewRanger revenue account within 10 business days that the credit is deducted from the purchasing user's account.
We will pay you the balance accrued in your ViewRanger revenue account during each calendar quarter within the month following the end of that quarter, provided that the balance in your account exceeds �10 (or your local currency equivalent).
We will make payment by transfer to your PayPal account, and you will receive an email from us at the time the payment is made.
You are responsible for keeping your payment details and your contact details up to date. If we attempt to pay you and the payment is refused, we will contact you using the other contact details we hold for you. If you contact us promptly with revised payment details, we will process your payment in the next quarterly payment run. If we make reasonable efforts to contact you and you do not respond or do not provide the information required by us to pay you, our obligation to pay you will be suspended until you provide us with correct payment details.
We aim to make continuous improvements to our payments system, with the aim of providing faster analytics and more frequent payments, so please bear with us as we streamline our processes.
"Software" refers to all computer programs, codes, data and documentation that accompany this installation, and all updates and patches provided by Augmentra Ltd.
We hereby grant to you, the user, a revocable, non-exclusive, non-transferable licence to use one copy of the software on one mobile device.
All intellectual property rights in the software and documentation are owned by, and shall at all times remain vested in, Augmentra Ltd or its suppliers and are protected by UK copyright laws, international treaty provisions, and other applicable national laws. You may not loan, rent, lease or licence the software or any copy of it. You must not copy, reverse engineer or decompile the software save to the extent permitted by applicable law.
You agree to use the software and service in a manner consistent with safe and prudent navigation practices, and shall not rely soley on the software in any role that is critical to the safety of life or property.
The software and documentation are provided on an "as is" basis, without any other warranties or conditions, express or implied, including but not limited to conformity to any representation or description, warranties of merchantability and fitness of a particular purpose or those arising by law, statute, usage of trade or course of dealing. The entire risk as to the results and performance of the software is assumed by you.
In no event shall we be liable for any damages whatsoever (including but not limited to damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of use or inability to use the software or documentation, (whether such claim is based on breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise), even if we have been advised of the possibility of such damages.
We shall not be liable to you under this agreement for any defect or deficiency in or failure of your hardware from time to time. Where functionality of our service is dependent on programs or services provided by third parties, for example, but not exclusively mobile phone network provision, no liability will be accepted where any such services are deficient or have failed.
We shall not be responsible for indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by us or you, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data.
Where we provide any online services to you via the service, including (without limitation) the uploading and storing of data and information, or connectivity with other users or persons, such services are provided solely at your risk. We give no warranty as the availability of such services, or to their performance. In particular we accept no liability for data or information lost by any user, in utilising such services, or for the unavailability or inaccuracy of any such services. By accepting this licence you waive any claims you may have, now or in the future, against us in relation to the provision (or lack thereof) of any such online services.
You shall not assign or subcontract all or any part of this licence without the prior written consent of Augmentra Limited.
CHANGES TO VIEWRANGER POLICIES
If you have any concerns about material which appears on our site, please click on the "Report an Issue" link on the website or contact us at firstname.lastname@example.org
Questions, comments and requests regarding any part of the ViewRanger Policies are welcomed and should be addressed to email@example.com.
This page was last updated on June 25th 2013.