Terms of service - Climbing Gym Pages

The website iloveclimbing.co is operated and managed by Krak Skateboarding Inc., whose registered office is located in California 94103, 169 11th street, San Francisco

The following Terms, as well as our Privacy Policy and general Terms of Services apply to all Climbing Gym Pages and to all Administrators of these Pages. By creating or using the Page, all Administrators agrees to be bound by those Terms and Policy.

In case of contradiction between the following Terms of Service and our Privacy Policy or general Terms of Services, the following Terms of Service shall prevail.


Definition


Climbing Gym Page or Page: A webpage and its associated features, hosted on iloveclimbing.co, dedicated to a Climbing Gym or a Climbing Club;

Administrator: A user – aged of more than 18 years – of iloveclimbing.co, who is an authorized representatives of the Climbing Gym or a Climbing Club and who administers the Page;

iloveclimbing.co:Krak Skateboarding Inc. as described hereupon;

The Website: the website iloveclimbing.co;

User: a user of the Website;

Terms: Any iloveclimbing Terms of Service, including the following Terms, as well as our Privacy Policy and general Terms of Services;


General


Administrator is responsible for ensuring that the Page and its content comply with all applicable laws, statutes and regulations. Administrator shall indemnify and hold harmless iloveclimbing from any claim resulting from illegal use of the Page, illegal publications or use of illegal, abusive or unethical materials or activities.

An authorized representative of the Climbing Gym or the Climbing Club involved may only create a Page. In case of conflict brought to the attention of iloveclimbing regarding the Administrator’s rights to create and manage a Page, the Page shall be suspended until the communication of a Court decision or a formal agreement.

A Page may contain specific terms & conditions, but these cannot conflict in any way with the Terms.

Page name and content must reflect reality and not be misleading in any way, including but not limited to, the existence, location, prices, equipment, events, team, … of the Climbing Gym involved.

A Page and its content must not violate in any way someone’s rights, including but not limited to, right of personal portrayal, intellectual property rights, privacy …

In case of collection and process of content and information directly from users Administrator is responsible for securing all necessary permissions and complying with all applicable laws, statutes and regulations.

An Administrator may give administrator’s rights upon a Page to other Users. The original Administrator is responsible towards iloveclimbing for any breach of Terms.

 

Features

 

Page is provided with many features which are best defined on the Websites. Iloveclimbing may change, delete, alter in any way these features or add new one at any time and without warning.

Access to these features is done through the Page Manager’s tool.

 

Pricing and payment terms

 

Page is not a free service. Administrator has the choice between a monthly or an annual plan:

Monthly plan: 30 EUR/month excluding taxes and VAT.  The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account.

Annual plan: 300 EUR/month excluding taxes and VAT. The service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial year, for account upgrades or downgrades, or for months unused with an open account.

For EU countries, intra-community VAT will be applicable after verification with VIES (VAT Information Exchange System). For Administrator in countries outside EU, they are concerned by the “localized services abroad-BtoB” (VAT exoneration ref. art.21 par.2 of the VAT code – art.44 of the directive 2008-8-CE of February 12, 2008) reversed charge. In any case, the Administrator is the sole responsible for the payment and collection of taxes linked to its country of establishment.

4.c. If, for any reason, iloveclimbing notices or is informed that the company is NOT a registered company covered by the article mentioned hereabove, iloveclimbing reserves the right to invoice VAT or any taxes afterwards.

 

  • 4.d. iloveclimbing reserves the right to change service fees upon thirty (30) days’ notice.

  • 4.e. A valid credit card or PayPal account is required. Payment companies’ Terms of service apply and Administrator agrees to be bound by those Terms and Policy.

  • 4.f. Any failure to pay at right time will result in the suspension of the Page. Without payment within thirty (30) days, the Page and all its data may be deleted without further warning.

  • 4.g. Administrator agrees to receive electronic invoices.

 

Renewal and Termination

 

The payment plan is automatically renewable unless terminated 15 days before the start of the next term. There is no termination fee.

In the event of termination, the account will be disabled at the end of the paid term. Unless otherwise instructed by the Administrator, the Page and all its data will be stored. However, iloveclimbing retains the right to delete the data without further notice.

If an Administrator violates the Terms, or otherwise creates risk or possible legal exposure for iloveclimbing, the Page may be terminated or suspended without notice.

 

Indemnification and Liability


Administrator agree to indemnify and hold iloveclimbing harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against iloveclimbing by any third party due to or arising out of or in connection with the use of the Page.

To the fullest extent permitted by applicable law, the Administrator assumes full responsibility for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits.

iloveclimbing disclaims any and all liability for the acts, omissions, and conduct of any third parties related to the Page and any linked sites and services.

In any case and notwithstanding any contrary applicable law, iloveclimbing’s liability shall not exceed what the Administrator has paid in the previous month.

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