Terms and Conditions

OUTDOOR LOVE MAP MEMBERSHIP AGREEMENT

Updated 8/23/2008

Outdoor Lovemap, LLC, d/b/a Outdoor Lovemap, and d/b/a outdoorlovemap.com ("Outdoor Lovemap") provides an online forum for Outdoor Lovemap website members (collectively, "Website Members") to post information relating to outdoor areas that they believe are romantic. The user ("You"), will have the opportunity to read and to which you will be able to add information relating to outdoor areas in that you believe are romantic.

In order to use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this "Agreement"),that may be modified by Outdoor Lovemap from time to time at our sole discretion. All modifications will be posted on www.outdoorlovemap.com (our "Website") and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some Outdoor Lovemap-branded websites or websites we operate may be governed by separate membership agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

TERMS OF USE

1. OUTDOOR LOVEMAP’S SERVICE

Outdoor Lovemap provides an online forum wherein Website Members may post information relating to romantic outdoor areas that You will have the opportunity to read and to which you will be able to add information relating to outdoor areas that you find romantic. (collectively, the "Service").

2. REGISTRATION INFORMATION

As a condition of Your use of the Service, You agree to (a) provide Outdoor Lovemap with true, accurate, current and complete information as prompted by the Outdoor Lovemap registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.

3. MINIMUM AGE

The Service provided by Outdoor Lovemap is potentially adult oriented and/or sexually explicit, and is related to material of an adult nature. Access is made available only to those over the age of eighteen (18) who accept the terms of the Outdoor Lovemap Disclaimer of Adult Materials. The Disclaimer of Adult Materials is located at www.OutdoorLovemap.com. If You are under the age of eighteen (18), You are prohibited from using or registering for the Service.

4. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

5. PRIVACY POLICY

Outdoor Lovemap has established a privacy policy to explain to You, and other users, how Your personal information is collected and used. This privacy policy is located at http://www.outdoorlovemap.com/your-privacy

6. ACCOUNT SECURITY

Outdoor Lovemap will assign You a user ID and a password when You register. Your user ID and password may only be used by You. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.

7. LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, Outdoor Lovemap grants You a limited license to access and use the information offered by the Service for Your personal use. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any website content, without the express written consent of Outdoor Lovemap

8. CONTENT LICENSE

Although Outdoor Lovemap does not claim ownership of any of the information, data, text or other materials You give us (collectively, the "Content"), by providing Content for the Website, You automatically grant, and You represent and warrant that you have the right to grant, to Outdoor Lovemap an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Outdoor Lovemap with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Newsletter by any other party.

9. PUBLICATION AND DISTRIBUTION OF CONTENT – LIMITATION OF LIABILITY

Outdoor Lovemap does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Outdoor Lovemap simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Website Members in response to Content ("Website Member Content"). You understand that all Content and Website Member Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Outdoor Lovemap does not control, and is not responsible for Content or Website Member Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Website Member Content.

You further acknowledge that Outdoor Lovemap has no obligation to screen, preview, monitor or approve any Content or Website Member Content. However, Outdoor Lovemap reserves the right to review and delete or edit any Content or Website member Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Outdoor Lovemap be liable in any way for any Content or Website Member Content, including, but not limited to, any Content or Website Member Content that contains any errors, omissions, defamatory statements, or information relating to illegal conduct, or for any loss or damage of any kind incurred as a result of the use of any Content or Website Member Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Outdoor Lovemap relating to Content or Website Member Content, and release Outdoor Lovemap from any and all liability for or relating to any Content or Website Member Content.

10. WEBSITE MEMBERS – LIMITATION OF LIABILITY

Outdoor Lovemap does not endorse and is not responsible or liable for any Content, Website Member Content, data, advertising, products, goods or services available or unavailable from, or through, any Website Members. You agree that should You use or rely on such Content, Website Member Content, data, advertisement, products, goods or services, available or unavailable from, or through any Website Member, Outdoor Lovemap is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Website Member, and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Website Member exclusively and do not involve Outdoor Lovemap.

You waive the right to bring or assert any claim against Outdoor Lovemap relating to any interactions or dealings with any Website Member, and release Outdoor Lovemap from any and all liability for or relating to any interactions or dealings with Website Members.

11. YOUR CONDUCT

In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any Content that may be considered by Outdoor Lovemap to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not submit any Content that is unlawful or relates to or may induce unlawful conduct;
(e) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Outdoor Lovemap, or otherwise attempt to mislead others as to the identity of the sender or the origin of any Content;
(f) will not submit Content that is encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(g) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(h) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(i) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(j) will not use the Service in any way that could interfere with the rights of Outdoor Lovemap or the rights of other users of the Service;
(k) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Outdoor Lovemap in connection with the Service;
(l) agree not to re-sell or assign Your rights or obligations under this Agreement;
(m) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.

The Content that You provide does not reflect the views of Outdoor Lovemap, its officers, managers, owners, employees, agents, designees or other users. In addition, Outdoor Love Map retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Outdoor Lovemap may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Outdoor Lovemap may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

12. DISCLOSURE OF INFORMATION

Outdoor Lovemap may make Your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle Your account. In addition, Outdoor Lovemap may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and Outdoor Lovemap users to advertisers, Website Members and other third parties. You agree that Outdoor Lovemap may make such uses of information You provide or Outdoor Lovemap collects.

You agree that Outdoor Lovemap may access, preserve and disclose Your account information, any information provided by You to Outdoor Lovemap, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, Outdoor Lovemap believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Outdoor Lovemap, its users and/or the public.

As Outdoor Lovemap continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

13. TERM AND TERMINATION

Your membership does not expire on a term. It will remain in affect until you delete your registration or Outdoor Lovemap deems it necessary or useful to delete it. Outdoor Lovemap will not notify you nor inform you of its reason for the deletion.

If Outdoor Lovemap deems it necessary, in its sole discretion, Outdoor Lovemap may immediately terminate this Agreement, Your account and Your access to the Service.

Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.

14. MODIFICATION OF TERMS AND CONDITIONS

Outdoor Lovemap will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.outdoorlovemap.com). Outdoor Lovemap will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.

15. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

Outdoor Lovemap reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Outdoor Lovemap will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Outdoor Lovemap may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that Content will be retained, the maximum amount of Content that may be sent from an account, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Outdoor Lovemap has no responsibility or liability for the deletion or failure to store any Content transmitted by or through the Service. You agree that Outdoor Lovemap has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

16. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Outdoor Lovemap is not responsible for any delays, failures or other damage resulting from such problems.

17. USER FEEDBACK

Outdoor Lovemap appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Outdoor Lovemap. In addition, none of the Submissions will be subject to any obligations of confidentiality and Outdoor Lovemap will not be liable for any future use or disclosure of such Submissions.

18. COPYRIGHT MATERIALS

You acknowledge and agree that all Content and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the "Copyright Materials") are the property of Outdoor Lovemap, and such Copyright Materials are the exclusive property of Outdoor Lovemap and are protected by all United States and international copyright laws.

19. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT Outdoor Lovemap ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. Outdoor Lovemap EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR Outdoor Lovemap COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU ARE AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Outdoor Lovemap WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Outdoor Lovemap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY WEBSITE MEMBERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY Outdoor Love Map OR THE FAILURE OF Outdoor Love Map TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY WEBSITE MEMBERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

You understand and agree that Your unlimited access to the Content on the Website is provided at no cost to you. THEREFORE, TO THE EXTENT Outdoor Love Map IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, Outdoor Love Map'S LIABILITY FOR DAMAGES WILL NOT EXCEED TEN DOLLARS.

21. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Outdoor Lovemap, its officers, managers, owners, employees, agents, designees, users, successors, assigns, Website Members and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the Content or other information provided by You to Outdoor Lovemap or that You submit, transmit or otherwise make available through the Service; (c) Your use of the Service; or (d) any violation of any rights of another or harm You may have caused to another. Outdoor Lovemap will have sole control of the defense of any such damage or claim.

22. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Outdoor Lovemap to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of Outdoor Love Map's damages for the specified breaches of this Agreement:

(a). If you post Content in violation of this Agreement, You agree to promptly pay Outdoor Lovemap One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.

(b). If you display, copy, duplicate, reproduce, sell, re-sell or otherwise exploit for any purpose any Content in violation of this Agreement, You agree to pay Ten Thousand Dollars ($10,000).

(c). If you use computer programming routines that are intended to aggregate records or reports from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by You.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Outdoor Lovemap, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

23. NOTICE

You agree that Outdoor Love Map may communicate any notices to You under this Agreement, through email, regular mail or posting the notices on the Website. All notices to Outdoor Lovemap will be provided by using the form located at http://www.outdoorlovemap.com/form/contact-us or (ii) a letter, first class certified mail, to Outdoor Lovemap, {ADDRESS]. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

24. ENTIRE AGREEMENT

This Agreement governs Your use of the Service and constitutes the entire agreement between You and Outdoor Lovemap. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Outdoor Lovemap regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Website Members and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Outdoor Lovemap under this Agreement.

25. GOVERNING LAW

This Agreement and the relationship between You and Outdoor Lovemap will be governed by the laws of the State of Washington, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in King County, Washington and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Outdoor Lovemap may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

26. PROVISIONS REMAINING IN EFFECT

In the event Your membership with Outdoor Lovemap is terminated or lapses or You are no longer a user of Outdoor Lovemap, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 10, 13 and 19 through 26.

27. MISCELLANEOUS

This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Outdoor Lovemap's rights if Outdoor Lovemap fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Outdoor Lovemap agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Outdoor Love Map as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.