Last Updated: May 16, 2019
Term of Agreement
Termination of Access to Services
Use of “Cookies”
Intellectual Property Rights
All material available on the Site and all material and services provided by or through 10Adventures, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
All 10Adventures trademarks, service marks, trade dress, trade names, brand names, logos and domain names, whether registered or unregistered, including all goodwill in connection therewith (the “Trademarks”), are owned by us. You may not use the Trademarks without our prior written consent.
You agree that any ideas, suggestions, concepts, processes or techniques which you provide to 10Adventures related to the Services, the Site or 10Adventures or its business (“Feedback”) are and shall be 10Adventures’ exclusive property without any compensation or other consideration payable to you by 10Adventures, and you do so of your own free will and volition. 10Adventures may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative 10Adventures may decide into the Site, its software, Services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to 10Adventures in any Feedback and, as applicable, waive any moral rights.
10Adventures retains the right to use or share any Aggregated Data generated by anyone using our Site, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data which does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information.
10Adventures does not sell information about your customer leads to third parties.
Your Profile Information and Account
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying 10Adventures immediately. It is your responsibility to update or change any Account or Profile Information, as appropriate.
In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any 10Adventures subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting [email protected] Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.
Acceptable Use and Conduct
You agree that you will not use the Site or Services in a manner that:
(a)contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b)is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
(c)is harmful to minors in any way;
(d)is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by 10Adventures;
(e)interferes or attempts to interfere with the proper working of the Site or Services or prevents others from using the Site or Services, or that otherwise negatively affects other persons’ ability to use the Site or Services;
(f)uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;
(g)stalks or otherwise harasses anyone on the Site or using the Services or with information obtained from the Site or Services;
(h)collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
(i)requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the Site;
(j)attempts to gain unauthorized access to the computer systems of 10Adventures or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Services;
(k)posts adult or pornographic content;
(l)decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other 10Adventures technology;
(m)copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site or Services;
(n)accesses the Site or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Services;
(o)accesses the Site or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
(p) uploads, posts or attempts to post any content (including, but not limited to, in our comment section) containing any of the following:
- advertisements, solicitations or commercial messages or materials of any kind (whether for profit or not);
- messages or comments impersonating others;
- unauthorized messages purporting to be issued by employees or agents of 10Adventures and purporting to speak on behalf of 10Adventures or containing confidential information or expressing opinions concerning 10Adventures; or
messages or content that are antisocial, disruptive or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, “griefing” and “phishing” as those terms are commonly understood and used in relation to the Internet.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 10ADVENTURES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
10ADVENTURES DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME 10ADVENTURES MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT 10ADVENTURES, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. 10ADVENTURES MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY ADVERTISING ON THE SITE OR SERVICES; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE OR CONTENT WITH THE SITE OR SERVICES.
10ADVENTURES IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY 10ADVENTURES, TELECOMMUNICATIONS PROVIDERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY 10ADVENTURES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY 10ADVENTURES FROM ITS FACILITIES IN CANADA. 10ADVENTURES MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Third Party Sites and Content
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under 10Adventures’ control, and you acknowledge that 10Adventures is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by 10Adventures or any association with its operators. You further acknowledge and agree that 10Adventures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN 10ADVENTURES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT 10ADVENTURES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
10Adventures shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.
Waiver of Jury Trial and Class Action Rights
Limitation of Time
You may contact 10Adventures by email at [email protected]