Terms and Conditions
Key sections of this document
TERMS OF WEBSITE USE
ACCEPTABLE USE POLICY
CONTENT STANDARDS
PRIVACY POLICY
TERMS OF SHARING
CHANGES TO VIEWRANGER POLICY
VIEWRANGER TERMS OF WEBSITE USE
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://my.viewranger.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information about us
http://my.viewranger.com is a site 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 info@viewranger.com
Contributing routes to my.viewranger.com
Users of my.viewranger.com are encouraged to contribute to the site with details of routes or courses which can be walked, run, cycled, climbed, ridden, driven, swam, sailed or otherwise travelled! A route will 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 ("Waypoints") (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 site 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) must sign up to our Terms of Sharing.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trade marks
"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.
Reliance on information posted
Routes, commentary and other materials posted on our site 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. 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.
Our liability
The material displayed on our site 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.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of goods, services or information directly from us should be concluded through our e-commerce website www.shop.viewranger.com and are governed by the terms and conditions of supply available on that website.
Uploading material to our site
Whenever you make use of a feature that allows you to upload a Route or any other material to our site, or to make contact with other users of our site, 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 site 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 site 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 site.
We have the right to remove any Routes, related content, comments, ratings or any material or posting you make on our site if, in our opinion, such material does not comply with our content standards.
Viruses, hacking and other offences
You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site 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 site
You may link to our home page, 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.
Using the sharing and linking features provided by the website, you may link to other pages within our site, 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 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 site other than that set out above, please address your request to info@viewranger.com.
Links from our site
Where our site contains links to other 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, a visit to our site 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.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
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 site. This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- 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 reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
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 site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
- Uploading Routes and related information to our site.
- Downloading Routes], maps and related information from our site.
- Commenting on or rating Routes and related information on our site.
- Contributing content to Routes
- Message boards.
(Interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
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 site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site 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 site.
- 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 site.
- 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 site, as we want the site 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 are interested in sharing your Routes on a public basis or adding to existing shared Routes as a Secondary Contributor you must sign up to our Terms of Sharing.
Additionally, all the material you contribute to our site (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.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Disclose for the benefit of site 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 site. 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 must 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 site 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 site and is available for that user's personal use only;
d) Contribute Routes on a shared basis for use by other users of the site without charge;
e) Contribute Routes on a shared basis for use by other users of the site 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 site 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 site 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 5 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 site.
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.
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 site 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 Site, 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 site we will assume that you are the sole author of your content.
Commercial Terms
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.
For Routes contributed during 2011 and 2012:
- If you set a price for your Route, we will offer your Route to other users of the site and the ViewRanger smartphone application at that price (Route Sales). For Route Sales, we will pay you 50% of the Net Revenue (defined below) attributable to that Route.
- 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.
- 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.
- 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.
- 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 site 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 2013. 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.
Paying You
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.
CHANGES TO VIEWRANGER POLICIES
We may revise our Terms of Website Use, Acceptable Use Policy, Content Standards, Privacy Policy, and Terms of Sharing and Monetising Your Routes described above (collectively "ViewRanger Policies"), or any part of them, at any time by amending this page. Changes may also be notified to you by email, where appropriate. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in the ViewRanger Policies may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please click on the "Report an Issue" link on the site.
Contact
Questions, comments and requests regarding any part of the ViewRanger Policies are welcomed and should be addressed to info@viewranger.com.
This page was last updated on Tuesday 24th May 2011.