AGREEMENT BETWEEN YOU AND SHALDUGA.COM

Introduction

The following terms and conditions govern all use of the ExtremeTravelJunkie.com website ("Website", "ExtremeTravelJunkie.com"), and all content, services and products available at or through the website. The terms "you", "your", “user”, "visitor", and “member” refer to the person visiting the Website and/or making contact with another user on this Website.

The Website is an online information service and is owned and operated by Shalduga.com ("Shalduga.com", "we", "our", "us"), a Canadian company, subject to your compliance with the terms and conditions set forth below. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ExtremeTravelJunkie.com Privacy Policy) and procedures that may be published from time to time on ExtremeTravelJunkie.com (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. In other words, by using the Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website. If these terms and conditions are considered an offer by Shalduga.com, acceptance is expressly limited to these terms.

Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

 

Shalduga.com grants to you a worldwide non-exclusive royalty-free revocable license to: view this Website and the material on this Website on a computer or mobile device via a web browser; copy and store this Website and the material on this Website in your web browser cache memory; and print pages from this Website for your own personal and non-commercial use.

 

You agree that no joint venture, partnership, or employment relationship exists between you and Shalduga.com as a result of this Agreement or use of this Website.

 

Changes

 

We reserve the right, at its sole discretion, to modify or replace any part of this Agreement at any time. Such changes will be effective immediately upon posting of the modified Terms of Use on the site. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

Eligibility
 

The Website is available only to individuals who are at least 13 years old. You must be 13 years of age or older to visit or use this website in any manner. By visiting ExtremeTravelJunkie.com or accepting the Agreement, you represent and warrant to Shalduga.com that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by the Agreement.

 

Responsibility of Contributors
 

If you post material to the Website, post links on the Website, contribute to a blog, comment on a blog, or otherwise make (or allow any third party to make) material available by means of the Website including any reviews, questions, comments, suggestions, and ideas (any such material, “Content”), you are entirely responsible for the content and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, pictures, or videos.

 

ExtremeTravelJunkie.com has simply established a system whereby software automatically processes user-submitted content and recasts it in a format that is readily accessible to its users. We preselect the software parameters for the process from a range of default values set by the third party software. But the Website does not itself actively participate or supervise the uploading of files. Nor does it preview or select the files before the upload is completed. Instead, Content is uploaded through an automated process which is initiated entirely at the volition of the Website's users.

 

By submitting Content to the Website, you grant Shalduga.com a world-wide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Content. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and displaying your profile picture on a review or comment that you submit) at our discretion, and that such submissions may be shared with our partners. If you delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

By making Content available, you represent and warrant that:

 

- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

- The Content is not pornographic, racist, obscene, libelous, slanderous, abusive or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

- Your profile name is not named in a manner that misleads your readers into thinking that you are another person or company, or is vulgar or otherwise offensive; and 

- The Content is not fraudulent, misleading, malicious, discriminatory, or otherwise unlawful and does not violate any law.

 

You further grant us the right to pursue at law any person or entity that violates your or Website’s rights in the Content by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Content.
 

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any Website's policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Shalduga.com will have no obligation to provide a refund of any amounts previously paid.

 

Rules of Conduct

 

You agree to abide by certain rules of conduct:

 

- You shall use common sense and be polite and honest interacting with other members of ExtremeTravelJunkie.com;

- You shall keep your contact information accurate and up-to-date;

- You shall not disclose login information which belongs to someone else;

- You shall not do anything that might jeopardize the security of your account such as sharing your password or letting anyone else access your account;

- You shall not bully, intimidate, "stalk", or harass any user;

- You shall not create an account for anyone other than yourself without permission;

- You shall not do anything that could impair the proper working of ExtremeTravelJunkie.com; 

- You shall not share any personal information belonging to other people using ExtremeTravelJunkie.com; and

- You shall not facilitate any violations of this Agreement.

 

In addition, you agree that you are solely responsible for your interactions with other users, including the content of the materials you post on the Website and in your messages to other users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other users.

  

Responsibility of Website Visitors
 

We have not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Shalduga.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Shalduga.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

Username and Password

 

You will choose a username and a password to complete the registration process. We may refuse to grant you a username that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You are fully responsible for maintaining the confidentiality of your username and password are fully responsible for all activities that occur under your username. You agree to immediately notify us of any unauthorize use of your username and password or any other breach of security.
 

Sharing Information
 

ExtremeTravelJunkie.com is designed not only to provide you with information about various extreme sports and activities and to find providers of such activities all over the world but also to make it easy for you to share your extreme experiences with other members of the Website and find and communicate with other like-minded people.
 

We do not ask you for such sensitive personal information as your address, your phone number, and your credit card number. However, certain information you provide to us in order to create your profile such as your name, profile photo, geographic location, birthday, and languages you speak are considered available without any limitations to any other user. By default, this information is posted on your profile page and certain kinds of it are available in Friends search results on ExtremeTravelJunkie.com. 
 

The major difference between ExtremeTravelJunkie.com and some other social networks is that on our Website anyone can add you to a friends' list and see your information even without your approval. We believe that sharing these amazing experiences can affect your life in a very positive way. Having said that, you can limit the ability of others to find this information by choosing "No" in the "Make Profile Public" box available on "Edit Profile" page. As a result, no user will be able to see it, but it will not be deleted and you will be able to reactivate it. However, we encourage you not to do so for the following reasons:
 

- It will negatively affect our effort to create a global community of thrill seekers;

- It will limit your ability to share your experiences and seek advice from the members who are more experienced in certain activities; and

- You may not be invited by other users to receive group discounts.
 

You can also delete your account at any time you wish using the "Delete Profile" option available on "Edit Profile" page which will result in immediate removal of all your personal information and posted material. However, you understand and accept the fact that certain information might be copied and/or re-shared by other members of ExtremeTravelJunkie.com and certain means of communications (such as messages you sent to other users) cannot be removed.
 

Privacy Policy

We believe in protecting your privacy. Please review our current Privacy Policy to understand our practices.
 

Fees and Payments
 

The Website is free to use. We do not sell any products or services and cannot accept any responsibility or liability for products and services you may buy from the websites and webpages to which ExtremeTravelJunkie.com links, and that link to ExtremeTravelJunkie.com.
 

Content Posted on Other Websites
 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ExtremeTravelJunkie.com links, and that link to ExtremeTravelJunkie.com. We do not have any control over those non-ExtremeTravelJunkie.com websites and webpages, and are not responsible for their contents or their use. By linking to a non-ExtremeTravelJunkie.com website or webpage, Shalduga.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Shalduga.com disclaims any responsibility for any harm resulting from your use of non-ExtremeTravelJunkie.com websites and webpages.
 

Copyright Infringement
 

As we ask others to respect its intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by ExtremeTravelJunkie.com violates your copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ExtremeTravelJunkie.com or others, we may, in its discretion, terminate or deny access to and use of the Website. 

 

Fair Dealing (Fair Use)

 

There are several images posted to demonstrate certain activities in accordance to Fair Dealing/Fair Use concept. The basis for such approach is explained below:

 

- The purpose of use is for non-commercial educational reasons;

- Images of these activities were not available to purchase at major stock photo websites (such as iStockphoto.com, Fotolia.com, and some other);

- The use of these images does not damage the commercial value of the work;

- The images is not a substitute product for the copyrighted work;

- The copied work is factual rather than creative;

- The images to be used for a limited time period; and

-  The images are properly attributed.

 

At the same time, if you are the author of such image and you absolutely hate the idea of your work appearing on the Website without your permission, please, let us know and we will remove your image as soon as possible.

 

Intellectual Property
 

This Agreement does not transfer from Shalduga.com to you any Website or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Shalduga.com. ExtremeTravelJunkie.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of ExtremeTravelJunkie.com or ExtremeTravelJunkie.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ExtremeTravelJunkie.com or third-party trademarks. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
 

Software Available on This Website

All software is owned by Shalduga.com and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
 

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redestribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
  

Termination

 

We may, in our sole discretion, terminate or suspend your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ExtremeTravelJunkie.com account/profile (if you have one), you may simply discontinue using the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to ExtremeTravelJunkie.com at our sole discretion, and we will pass all information to appropriate law enforcement agencies.
 

Shalduga.com may terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
 

Disclaimer of Warranties
 

Involvement in extreme sports and activities carries a significant risk of property damage, personal injury, or even death. You understand and agree that nothing on this Website constitutes, or is meant to constitute, advice of any kind. The Website's blog authors and contributors provide personal experiences and observations for entertainment purposes only and are not intended, and should not be taken as specific advice in any particular circumstance. Their posts and comments do not constitute councelling of any kind. If you require advice in relation to any matter you shall consult an appropriate professional. We strongly recommend the use of professional instruction before entering into any extreme sport or activity. You shall become knowledgeable about the risks involved and assume personal responsibility for your actions.
 

You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Viewing, reading, or any other use of the information available on ExtremeTravelJunkie.com is purely the voluntary will of the user. Under no circumstances will we or any of our authors, other contributors, affiliates, advertisers, promoters, or distribution partners be responsible for any incidents related directly or indirectly to the materials published within this site or its network and/or for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any content posted on our Website or transmitted to users, or any interactions between users of ExtremeTravelJunkie.com, whether online or offline. We assume no liability or responsibility for your actions.

 

You agree that you use the Website at your own and sole risk. The Website is provided on an  “as is” and "as available" basis. Shalduga.com does not warrant that this Website will be constantly available, or available at all or the information on this Website is complete, true, accurate or non-misleading. Shalduga.com and its suppliers and licensors hereby expressly disclaim all warranties of any kind, whether expressed or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

You agree that Shalduga.com and/or its suppliers and licensors do not warrant that:

 

- the Website will meet your requirements;

- the Website will be error-free, timely, and secure;

- the access to the Website will be continuous or uninterrupted;

- any information you may obtain on our Website will be accurate or reliable;

- the quality of any products, services, information or other material purchased or obtained by you through our website will meet your expectations;

- any information you provide or we collect will not be disclosed to third parties; and

- any errors in any data or software will be corrected.

 

You also agree that we are not responsible for for the conduct of any user of the Website, whether online or offline. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

 

You agree that no data, information or advice obtained by you in oral or written form from us or through or from the Website will create any warranty not expressly stated in this Agreement.

 

Limitations of Liability
 

The extreme sports and activities as well as any gear and equipment on this Website are not offered by agents or employees of Shalduga.com. The Website is a venue through which potential customers and activity and gear providers can connect and make arrangements between themselves. We are not involved in the actual transactions and, therefore, have no control over the accuracy, quality, safety or legality of the descriptions included in postings, the ability of providers to fulfill their obligations, or the ability of Website users to pay for the providers’ services. We cannot ensure that a user or a provider will actually complete his or her responsibilities.
 

It is up to you to take all appropriate measures and full responsibility to protect and insure yourself and any other person, object or animal you are responsible for, from any incident or risk of incident associated with any service offered on this Website. It is up to you to verify and take full responsibility that your use of this Website complies with all the laws and regulations applicable to you.

 

You agree that we will not be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised o possibility of such damages), arising from, related to or connected with:

 

- the use or inability to use our Website;

- the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained form the Website;

- disclosure of, unauthorized access to or alteration of your content;

- statements, conduct or omossions of any service providers or other third party on the Website;

- actions or inactions of other users of the Website or any other third party for any reason; and

- any other matter arising from, relating to or connected with the Website or these terms. 
 

You agree that in no event will Shalduga.com, or its suppliers or licensors, be liable for any acts, errors, omissions, representations, warranties, breaches or negligence of any user or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that Shalduga.com will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophies, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or inability to procure supplies or materials.

 

You agree that in no event will Shalduga.com be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website for any direct, indirect, special or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Shalduga.com has been expressly advised of the potential loss.

You agree that if, despite the limitations above, Shalduga.com is found liable for any loss or damage, Shalduga.com’s aggregate liability to you or any third party in any matter arising from, relating to or connected with the Website in no event will exceed the sum of one-hundred CAD dollars (CAD$100.00).

 

General Representation and Warranty
 

You represent and warrant that (i) your use of the Website will be in strict accordance with the ExtremeTravelJunkie.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification
 

You agree to indemnify and hold harmless Shalduga.com, its contractors, and its licensors, and their respective directors, officers, employees and agents and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, arising out of your use of the Website and/or brought by third parties as a result of:

- your breach of this Agreement or the documents referenced herein;

- your violation of any law or regulation;

- your violation of the rights of a third party; or

- your use or your acts or omissions related to this Website.

 

Assignment

You do not have the right to assign this Agreement or any of your rights to the Website to anyone. Shalduga.com has the right to assign any or all of its rights and obligations under this Agreement or to the Website or to any third party. Provided such rights and obligations are assumed by such third party, Shalduga.com shall be relieved of any and all liability under this Agreement.

 

Dispute Resolution 
 

This Agreement constitutes the entire agreement between Shalduga.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Shalduga.com, or by the posting  of a revised version on the Website.
  

This Website is operated by a Canadian entity and this Agreement between Shalduga.com and you is governed by the laws of the Province of Ontario, Canada. Therefore, these Terms shall be interpreted in accordance with the laws of the Province of Ontario without reference to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of courts located in Toronto, Ontario, Canada, in all disputes arising out of or relating to the use of this Website. Each party hereby irrevocably submits to the personal jurisdiction of such court. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

 

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Shalduga.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
 

This Agreement (and any other policies, terms and conditions referenced herein) constitutes the entire agreement between you and Shalduga.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Shalduga.com with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Contacting ExtremeTravelJunkie.com

If you have any questions about this Agreement, you may contact us here.