1. ACCEPTANCE OF TERMS
The Urban Exploration Resource (heretofore "UER"), provides the information and services on UER directly and via portals and partner sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of UER constitutes acceptance with such Terms.
Before using the UER, please carefully read this agreement relating to your use of the UER. By using UER, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the UER.
UER reserves the right, at UER's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, UER intends to provide users with up to fourteen days of advance notice). Your continued use of the UER following the posting of changes to these Terms will mean that you accept those changes.
Use of UER constitutes full acceptance of and agreement to the Terms; if a user does not accept UER's Terms, he or she is not granted rights to use UER as defined herein, and shall refrain from accessing UER.
UER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all UER (or any part thereof). UER shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHBIITED USE
By using UER, you warrant to UER that you will not use UER, or any of the content obtained from UER, for any purpose save that for Urban Exploration. If you violate any of these Terms, your permission to use the UER automatically and instantly terminates.
3. DESCRIPTION OF SERVICES
UER is owned and operated by Avatar-X for the purpose of discussion, implementation and innovation of Urban Exploration (heretofore the "Purpose"). UER provides news, advice, products and education for the Urban Exploration community.
4. REGISTRATION OBLIGATIONS
When requested, each UER user must: (1) personally provide true, accurate, current and complete information on the UER's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, UER has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, UER may suspend or terminate that user's account and prohibit any and all current or future use of the UER (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain UER registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. UER cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to immediately notify UER of any unauthorized use of his or her password or account or any other breach of security.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated, on the UER. This means that the user, and not UER, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the UER. No user shall transmit Content or otherwise conduct or participate in any activities on UER that, in the judgement or the UER, is likely to be prohibited by law in an applicable jurisdiction, including but not limited to export control, communication, intellectual property, and decency laws..
UER reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to serve the Purpose. In addition, UER shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. UER, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by UER to protect the rights, property, or personal safety of UER's users and the public. UER does not control the Content posted to the UER and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will UER be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of any Content posted, emailed or otherwise transmitted via UER.
Each user, by using UER, may be exposed to Content they find personally offensive or objectionable. Each user shall evaluate and bear all risks associated with use of or exposure to any such content, including but not limited to appropriate local laws and policies.
5b. SUPPLEMENTARY CONTENT RULES
You further agree to the following:
(i) You will not post any Content which you know or should reasonable be expected to believe is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexual in nature, threatening, invasive of the privacy of others, or which otherwise violates any applicable law (save unharmful trespass). Violation of this may result in legal actions being taken against you.
(ii) You will not post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also not tolerated on this forum.
(iii) Do not post replies to a thread which really have no purpose. For example, if the thread is about "Getaway vehicles", and in one reply someone mentions "my cat likes my car", this is not justification to begin a new discussion in the same thread about cats ("I have a cat too!"). Keep things on-topic. If you want to discuss cats, take it to private e-mail or private forum messages, or start a new thread in the "Other" forum.
(iv) There are essentially three parts to the forum: the main sections, the geographically specific sections, and the other sections. Please decide which section best fits what you are about to post. If your post refers to a particular area, post the message in the appropriate geographically specific forum. Discussions about cars, pets, etc., do not belong in the main or geographically specific sections.
(v) When posting information about an exploration site, DO NOT POST HOW TO GET IN, or HOW YOU GOT IN. Also, do not post any photographs of the entrances you used (unless it's totally obvious like an open barn door).
(vi) When you create a new thread, please use a subject line which tells other forum visitors about its content. For example, a thread about infiltrating hotels would be better titled "Hotel Infiltrations" than "hey guys check this out".
(vii) You may not use a signature longer than a few lines of text and it may not contain a picture. Let's not clutter up the thread viewing with big pictures that everyone's already seen a thousand times. Any violating signatures will be cleared by administrators. Also, do not use a "Personal Picture" which is larger than 15 K or is incredibly annoying -- if it animates and distracts from the viewing of the page, administrators reserve the right to remove it.
(viii) The UER is provided free of charge. The UER reserves the right to permanently ban users abusing any part of the service from using the service in whole or in part. Attempts by banned parties to circumvent their ban shall be considered unauthorized access to the UER and reported to the offender's internet service provider as a violation of the user's TERMS OF SERVICE and make every effort to cause the termination and cancellation of the offender's internet account.
(ix) Moderators and Administrators reserve the right to modify or remove any user's Content for any reason at any time without warning, as they deem fit. They may also remove your entire thread, or move it to another category. They may also modify your profile if needed, but moderators cannot violate your privacy.
(x) Any form of discrimination against another based on their race, gender, sexual preference, income, country of origin, religion, or anything else along these lines is STRICTLY FORBIDDEN. Violators will be banned immediately.
(xi) The Modify feature is provided so you may make small changes to your post, like spelling corrections, fixing broken links, etc. It is not to be used to later remove your entire post, especially not after people have already replied to you. When you post on this board, you take responsibility for what you say, and understand that your words are permanently part of that thread (unless they violate one of the other rules).
(xii) You agree to not flood the forum with a sudden barrage of posts. Normally there should be no reason to post twice or more in a row in the same thread, since you are able to modify your own posts to fix any mistakes you have made or add any further thoughts you have had. Please send short posts that are unlikely to be of general interest (such as "lol", "hehe", "me too", "thanx" and "cool pic") by the private message feature or email feature rather than posting them publicly. You can send private messages to users by clicking on the little envelope icons beside their names: the gold envelope sends a message through the board's internal system, while the silver envelope sends it through regular e-mail.
6. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the UER, use of the UER, or access to the UER.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
UER may establish general practices and limits concerning use of the UER. While UER will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, UER has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any UER. UER reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. UER reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
UER may terminate a user's account in UER's absolute discretion and for any reason. UER is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of UER in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.
UER's termination of any user's access to any or all UER may be effected without notice and, on such termination, UER may immediately deactivate or delete user's account and/or bar any further access to such files. UER shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. UER reserves the right to delete, or not delete, a user's account at UER's sole discretion, as well as to delete, or not delete, content at UER's sole discretion.
UER, any UER user or a third party may provide links to other websites. UER exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. UER shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The UER Privacy Statement is applicable only when you are on the UER. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless UER, and its parent corporation and affiliates and their respective officers, employees and agents, and each of UER's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the UER; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF UER IS AT HIS OR HER SOLE RISK. UER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND UER ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, UER MAKES NO WARRANTY THAT (i) UER OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF UER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY UER OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON UER; OR ANY OTHER MATTER RELATING TO UER. IN NO EVENT SHALL UER'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $20.00 USD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN UER AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, UER DOES NOT AND CANNOT CONTROL THE ACTIONS OF UER USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO UER. OPERATION OF UER MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY UER.
11. TRADEMARK INFORMATION
UER, the UER logo and other UER trademarks, service marks, and product and service names are UER trademarks or registered trademarks in the Dominion of Canada and in other countries (the "UER Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the UER Marks only with express consent of UER.
UER respects the intellectual property rights of others, and requires that the people who use the UER do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit UER to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If UER receives such a claim, UER reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
UER's designated agent to receive notification of claimed infringement is:
Owner and Operator, UER
P.O. Box 291, Station C
1117 Queen Street West
After receiving a claim of infringement, UER will process and investigate notices of alleged infringement and will take appropriate actions under all applicable intellectual property laws. Upon receipt of notices complying or substantially complying with said laws, UER will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. UER will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under applicable intellectual property laws, UER will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, UER will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless UER's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the UER system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which UER may be found and that you will accept service of process from the person who provided the initial notification of infringement.
13. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and UER and govern each user's use of the UER, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and UER shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms (except for claims of intellectual property infringement, which has a specific method of contact stated above) to Avatar-X at firstname.lastname@example.org.