Key sections of this document
TERMS OF WEBSITE USE
ACCEPTABLE USE POLICY
TERMS OF SHARINGCHANGES TO VIEWRANGER POLICY
- 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 profits or contracts;
- loss of anticipated savings;
- 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.
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 POLICYThis 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 usesYou may use our site only for lawful purposes. You may not use our site:
You also agree:
- 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.
Not to use the site to:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
Interactive servicesWe may from time to time provide interactive services on our site, including, without limitation:
- 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.
- 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.
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 STANDARDSWe 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:
- 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.
Contributions must not:
- 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.
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; andf) 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 LicenceIf 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:
- 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.
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 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 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.
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 site. Waiver of Moral RightsMoral 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 TermsIn 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:
- 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.
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 YouWhen 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
- 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.