These Terms and Conditions apply to all websites ("Sites") operated by Woods & Water, Inc. including without limitation www.woods-n-water.com and www.shopexpeditions.com. In this document “Woods & Water,” “Woods n Water,” “Woods and Water,” “W&W,” “Woods,” “Expeditions,” and “Shop Expeditions” refers to Woods & Water, Inc.
Woods & Water provides a variety of online social and community destinations for its customers as a source for outdoor services and information presented in a positive and interesting environment. The purpose of these destinations is to give our users a way to interact with Woods & Water and share content with other customers.
By accessing or using these Sites, you (the user) are deemed to have read, understand and agree to be bound by these Terms and Conditions regardless of whether you are a visitor to these Sites or a registered member. These Terms and Conditions govern your conduct associated with the services offered by Woods & Water to the extent of any conflict between Woods & Water’s Privacy Policy and the Terms and Conditions shall control.
Please note Visitors and Members shall collectively be referred to as "User(s)". The right to use these Sites or any product or service offered by them, is personal to you and is not transferable to any other person or entity. We reserve the right to change these Terms and Conditions at any time, and you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance these Sites shall be subject to these Terms and Conditions. Your use of these Sites constitutes your agreement to these Terms and Conditions.
Woods and Water’s Sites and User areas including all text, pictures, audio, graphics, videos, sounds, music, and other forms of submitted media are the property of Woods & Water, Inc. Woods & Water logos, articles, blogs, content, and other elements--as well as those of its partners--are not to be used without the express permission of Woods & Water, Inc.
All users must be 18 years of age or older in order to provide information through these Sites, and by using these Sites you (the user) are representing that you are 18 years of age or older. You (the user) are solely responsible for any content you submit through these Sites as well as any consequences or issues that arise from their publication. You (the user)--through the use of these Sites--grant to these Sites and their affiliates the royalty-free, worldwide, perpetual, irrevocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that User Content, in whole or in part, and/or to incorporate it in other works in any form, media or technology, and you (the user) agree that any "moral rights" in that User Content have been waived.
The user is solely responsible for reading and complying with any supplemental terms and/or rules, including, but not limited to, those for any contests, sweepstakes, promotions or other additional features made available on the Sites.
By submitting your email address in connection with content you have submitted such as rating and review, your Questions or Answer, you agree that Woods & Water and its third party service providers may use your email address to contact you about the status of your review, Questions or Answers and other administrative purposes.
By submitting any content to Woods & Water, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
These Sites, including all of its contents, such as text, images, and the HTML or other code used ("Materials") are Woods & Water’s property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from these Sites, in whole or in part, for any public or commercial purpose without our prior, specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services contained here. In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.
By accessing the Site, you agree to the following rules of conduct. You or third parties acting on your behalf are not allowed to frame these Sites or use frames or utilize framing techniques or technology to enclose any content included on these Sites without Woods & Water’s express written consent. Additionally, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without Woods & Waters' express written consent. You agree and warrant that you shall not distribute, submit or publish any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);that is, or may reasonably be considered to be, illegal, obscene, sexually explicit, insulting, vulgar, defamatory, libelous, hateful, abusive, excessively violent, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
You agree to not abuse the variety of tools Woods & Water provides for member interaction for the purpose of spamming users. We look for certain user behaviors to determine whether an account is spamming and will terminate the account of the abuser.
You agree to not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
You understand the Site is available for your personal, non-commercial use only, and you agree not to use the Site for commercial activities or sales. Additionally, you may not ask members for help in the form of money, gifts, or donations.
You agree to not to upload, post, transmit, share or otherwise make available unsolicited or unauthorized advertising. Pyramid schemes and cash gifting scams are illegal and posting information about these schemes anywhere on Woods & Water sites is prohibited.
You agree to not use the Site in any unlawful manner or otherwise inconsistent with all applicable laws and regulations or in a manner that could damage, disable, overburden or impair the Site.
You agree to not submit any content to the Woods & Water Ratings and Reviews or any other section of these Sites for which you were compensated or granted any consideration by any third party or include any information that references other websites, addresses, email addresses, contact information or phone numbers.
You will not attempt to interfere in any way with Woods & Water’s site networks or network security, or attempt to use these Sites to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a computer viruses, worms or other potentially damaging computer programs or files.
You will not engage in conduct constituting or encouraging conduct that would constitute a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.
Woods & Water reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Terms and Conditions. Accounts that are inactive for more than one year may be removed without further notice.
Violations of system or network security may result in civil or criminal liability. Woods & Water will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:
- a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Woods & Water sites, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
- d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- e. Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, "phishing" or "pharming" or misrepresentation.
We are not responsible for the content users post on these Sites. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share User Generated Content or "UGC" on this Site that you did not create or that you do not have permission to share. You may not post or upload to these Sites any content that (i) is confidential, proprietary, false, fraudulent, defamatory, obscene, threatening, invasion of privacy or publicity rights, infringing on intellectual property rights, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise create liability or violate any law; or (iii) may contain software viruses, political campaigns, mass mailings, chain letters, or spam. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect our opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree we have the right, but no obligation to archive or to not publish, or make Forum discussion "Read Only", or to modify or remove Site Content or UGC (without notice or liability) if we, in our discretion, consider the UGC to be in violation of these Terms of Use and Community Guidelines or otherwise harmful to these Sites.
By posting UGC to these Sites, you understand and agree you grant Woods & Water and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute such UGC for any purpose, commercial, advertising, or otherwise, throughout the world in any media. Woods & Water does not assert any ownership over your UGC. You understand and agree your UGC is as between us and you, subject to the rights granted to the Site in these Terms, you retain full ownership of all your UGC and any intellectual property rights or other proprietary rights associated with your UGC. By using these Sites, you represent and warrant that you own or otherwise control all the rights to the content, and that you will be responsible for paying all royalties and other fees that might be due to any person or entity; and that you will indemnify Woods & Water for all claims resulting from content you supply. You are not entitled to any compensation for UGC you post on these Sites unless otherwise agreed upon. Woods & Water does not guarantee that you will have any recourse through Woods & Water to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Woods & Water reserves the right to remove or to refuse to post any submission for any reason.
If you become aware of any abuse of Woods & Water sites, misuse by a Site user, use in violation of these Terms of Use and Community Guidelines, or use by an individual who is not eligible for Site access, please report that circumstance to us and we will investigate and take responsive action. If you are the parent of a child under the age of 18 you may instruct us to terminate the account of your own child upon satisfactory showing of your authority.
You may terminate your membership at any time.
Members will find advertising or other content on our Site that link to the site and services of our partners, suppliers, affiliates, advertisers and other third parties. We provide links to other sites we think you may enjoy or access the information contained therein. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use any Third-Party Content, you do so at your own risk. You understand and agree to release Woods & Water from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third-Party Content, whether appearing on the Site or on a Third-Party Site. Additionally, Site widgets or other Site content may be included on web pages and web sites that are not associated with us and of which we have no control. These sites operate independently of Woods & Water and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.
Woods & Water and its affiliates reserve the right to change, modify, add or remove any portion of this policy to reflect changes in our business practices and service offerings. The most recent version of the Terms and Conditions will be posted on the Site. It is your responsibility to check for changes we make to the Terms and Conditions. Your use of the Site after any changes to the Terms and Conditions or other policies indicates to us you accept the changes. We will also notify you of any material changes in the way we treat your information by placing a prominent notice on our site or sending a notice to the primary email address specified in your account.
As between you and Woods & Water, (or other company whose marks appear on or via these Sites). Woods & Water (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on these Sites, and is the copyright owner or licensee of the Content and/or information on these Sites, unless otherwise indicated.
Except as otherwise provide herein, use of these Sites does not grant you a license to any Content, features or materials you may access on these Sites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of these Sites is strictly prohibited, except as allowed herein or otherwise approved by us.
You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Woods & Water. If you make use of these Sites, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on these Sites.
The information on these Sites including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Woods & Water or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationality.
The Woods & Water logos and service names are trademarks of Woods & Water (the "Woods & Water Marks"). Without Woods & Water's prior permission, you agree not to display or use Woods & Water Marks in any manner. Nothing on these Sites should be construed to grant any license or right to use any Woods & Water Mark without our prior written consent.
You agree to defend, indemnify and hold Woods & Water, its directors, officers, employees, agents, affiliates, joint ventures, and third-party service providers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to our in connection with you use of these Sites, your violation of the Terms and Conditions or the posting or transmission of any materials on or through these Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
The Terms constitute the entire agreement between you and Woods & Water and govern your use of these Sites, superseding any prior agreements between you and Woods & Water. You also may be subject to additional terms and conditions that are applicable to certain parts of these Sites.
You agree that no joint venture, partnership, employment, or agency relationship exists between Woods & Water and you as a result of this Agreement or your user of these Sites.
Any claim of cause of action you may have with respect to Woods & Water or these Sites must be commenced within one (1) year after the claim of cause of action arose.
The failure of Woods & Water to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties never the less agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms and Conditions or any of your rights or obligation under the Terms and Conditions without Woods & Water's express written consent.
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