Modification. At any time and from time to time, and without Your consent, We may unilaterally amend, modify, or change this Agreement, in Our sole discretion and without any notice or cause. By continuing to use the Website after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
Liability Waiver. By using the Humandalas Website and agreeing to Humandalas Website User Agreement You hereby indemnify and release any and all liability from any Humandalas Website creators, employees, volunteers or other users from any harm that may be accidentally caused to You physically due to participation in an Humandalas Website activity such as performing Humandalas, taking photographs, posting photos or other personal information, downloading other users photos or information or any other activities, either online and in the real world that may possibly be related to Using the Humandalas Website.
Commenting on Humandala Platforms. Humandalas shares content (information, photos, video) with our community through internal and external social media platforms. All comments posted to Humandalas’s social media platforms are moderated and if Humandalas, in our sole discretion, determines that any post or comment violates the terms and conditions of our user agreement. Below are preliminary agreements for use. They may be updated and expanded without notice.
-Be authentic. Include your real name and contact information when creating Humandala account. Do not impersonate another person or access the Humandala platform from another person’s account. Do not share any other person’s personal information, or any other business’ proprietary information, without their express consent.
a. Be honest, professional, and use your best judgment in all situations. If you would not show the content to a child or grandparent, it may not be appropriate to post.
c. Use of Humandalas accounts for the promotion or advertisement of a business or commercial transaction is prohibited.
d. The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.
e. This Use Policy is subject to amendment or modification at any time. Please review it regularly.
User-Generated Content: As we continue to build our community, users are welcome and encouraged to submit and post content, including photographs and videos, to Humandalas platforms where the content meets the standards articulated in the User Agreements. Users may only post their own, original content. Reproduced or borrowed content that reasonably appears to violate third party rights will be deleted. If you believe that a user has violated the terms of this User Agreement then please contact Humandalas
Provider Content. You are fully and solely responsible for all content that You upload, post, transmit, or share to the Humandalas Website.You may not upload, post, transmit, or share any Provider Content on the Website that You did not create or that You do not have permission to upload, post, transmit, or share. At any time and from time to time, and without Your consent, We may unilaterally review the Website and delete, remove, or restrict any access to or viewing of any Website Content, in Our sole discretion and without any notice or cause. You are fully and solely responsible, at Your full and sole cost and expense, for creating backup copies and replacing any Provider Content that You upload, post, transmit, or share to the Website or provide to Alta and its Related Parties in any other way. When You post Content to the Website, You automatically authorize Humandalas and its Related Parties to make such copies thereof as We may deem, in Our sole discretion, necessary or appropriate. By posting Content to the Humandalas Website, You automatically grant, and You represent and warrant that You have the right to grant, to Humandalas and all Humandalas User an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any Provider Content for any purpose (commercial, advertising, or otherwise).
Code of Conduct. Humandalas and its Related Parties are not liable for Your conduct or the conduct of any third party. Nonetheless, in an attempt to make the Website a safer and healthier place, and in addition to the other terms of this Agreement, You agree to all of the following specific rules governing Your conduct on the Website:
f. You must not upload, post, transmit, share, store, or otherwise make available any content that We may deem, at any time and from time to time in Our sole discretion, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually, or otherwise objectionable.
g. You must not upload, post, transmit, share, store, or otherwise make available: (1) any information or material that infringes on the rights of Alta and its Related Parties or any third party, including any intellectual property right; (2) any third party advertisement, including banner exchange services; (3) any software viruses, Trojan horses, worms, or other malicious software; or (4) any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong or that otherwise might violate any applicable law or this Agreement.
h. You must not upload, post, transmit, share, store, or otherwise make available any content that infringes or violates the copyright, trademarks, or other rights of Alta and its Related Parties or any third party.
i. You must not attempt to circumvent any content filtering techniques that We may employ.
j. You must not use automated scripts to collect information from or otherwise interact with the Website or its servers.
k. You must not register for more than one Account or register for an Account on behalf of any individual other than You.
l. You must not upload, post, transmit, share, store, or otherwise make available any private information of any third party, including mailing addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.
m. You must not solicit personal information from anyone less than 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes.
n. You must not attempt to use another person’s Account, service, or system.
o. You must not impersonate any person or entity or make any false statement regarding Your employment, agency, or affiliation with any person or entity.
p. You must not stalk, threaten, or harass anyone or infringe or attempt to infringe their privacy.
q. You must not interfere with or disrupt the Website’s servers or networks connected to the Website or any other server.
r. You must not attempt to gain unauthorized access to other computer systems or networks.
s. You must not upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other form of solicitation.
t. You must not upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, that would violate the rights of any party, or that would otherwise create any liability or violate any local, state, national, or international law, regulation, or ethical code.
u. You must not take any action that could undermine, disrupt, or manipulate the integrity of any part or program of the Website.
v. You must not operate or participate in any gaming or lottery.
w. You must not use the Website for any illegal purpose, including drugs, pimping, prostitution, or terrorism.
x. You must not disobey or breach this Agreement or any other applicable instruction or policy published by Alta and its Related Parties.
y. You must not post, transmit, share, store, or otherwise make available content that, in Our sole judgment, is objectionable or restricts or inhibits any third party from using or enjoying the Website, or that may expose Alta and its Related Parties or anyone else to any harm or liability of any type.
The content on the Website or any Affiliated Website may not be accessible to persons less than 16 years of age. At any time and from time to time, and without Your consent, and in Our sole discretion and without any notice or cause, Alta may (i) remove, delete, or restrict access to information that is deemed inappropriate or from any person less than 16 years of age, (ii) refuse to post, transmit, or remove any content uploaded or posted by You, (iii) review Your personal profile and amend any typing or spelling error, (iv) restrict or terminate Your access to the Website and any Affiliated Website.
* Before using the Website, You must agree to the terms and conditions contained in this Humandalas Website UserAgreement, Liability Waiver, and Release, which is fully incorporated herein by this reference and may be reviewed by clicking on Bicycle Rental Agreement, Liability Waiver, and Release. By continuing to use the Website or any Service, You agree to be bound by Liability Waiver, and Release and all future amendments, modifications, and changes thereto.
2. We respect the intellectual property rights of others, and We prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party’s intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement, as described below, We may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act (“DMCA”). If You believe that Your own copyrighted work is accessible on the Website or any service in violation of Your copyright, then You may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed, so that We can locate the material. For example, “The copyrighted work is my content that appears at http://www.mycontentpage.com/xyz.” If multiple copyrighted works at a single online site are covered by Your Notification, then You may provide a representative list of such works at that site.
2. Identify the URL or other specific location on the Website or service that contains the material that You claim infringes Your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, “The content at the following URL infringes on my copyright: http://www.anothercontent.com/item2_jklstw123.”
3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
4. Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
6. Include Your name, mailing address, telephone number, and email address.
You may submit Your Notification of Alleged Copyright Infringement by sending a letter to our Designated Agent by mail or e-mail, as set forth below:
Office of Copyright Protection
258 A St Ste 1
Ashland, OR 95720
Please note that You could be liable for damages, including court costs and attorneys fees (whether incurred at trial, on appeal, or otherwise) if You materially misrepresent that any content on our Website or any service infringes any copyright. Filing a false form on this page constitutes perjury. On receiving a proper Notification of Alleged Copyright Infringement as described above, We may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure described below, by which the alleged infringer may respond to Your claim and request that We restore the material.
If You believe that Your copyrighted material has been removed from the Website or service as a result of any mistake or misidentification, then You may submit a written request to the above address or email address provided that identification of the material that has been removed or disabled and the location at which the material had appeared before it was removed or disabled.
If You send us a valid written Counter Notification meeting the requirements described above, then We may restore Your removed or disabled material no later than 14 business days from the date on which We received Your Counter Notification, unless our Designated Agent first receives a notice from the party filing the original Notification of Alleged Copyright Infringement that informs us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, then You could be liable for damages, including costs and attorneys fees (whether incurred at trial, on appeal, or otherwise). Filing a false form on this page constitutes perjury.
At any time and from time to time, We may, in Our sole discretion and without notice or cause, limit access to the Website or terminate any limited license to access and use the Website of any User who infringes any intellectual property right of others, whether or not there is any repeat infringement.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS ANY INFORMATION. If You have any concern about sending any information over the Internet, then You should use an alternative means of transmission. By sending information over the Internet in connection with Your use of the Website, You agree to indemnify and hold harmless Alta and its Related Parties from all Claims (as defined in Section 14) that arise out of or relate to any failure of any encryption technology to protect Your information.
DISCLAIMERS. YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW HUMANDALAS AND ITS RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY SERVICE, THE WEBSITE, ANY WEBSITE CONTENT, OR ANY INFORMATION CONTAINED ON THE WEBSITE (COLLECTIVELY, “WORKS”). THE WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU RELY ON THE WORKS SOLELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ANY WORKS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE COULD BE DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WORKS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF THE WORKS. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE WORKS, WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE WORKS OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WORKS ARE FREE OF SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO ANY OF THE FOREGOING.
Final Agreement. This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, We may unilaterally amend or modify this Agreement, in Our sole discretion and without any notice.