theCrag Site Usage Policy and Licensing of IP User Content

About the theCragBack to contents

theCrag provides a rock climbing network platform («theCrag Service»). theCrag Service is operated by the THECRAG PTY LTD, with registered office at Melbourne, VIC, 3004, Australia (ACN/ARBN: 617 164 744) («theCrag»), and thecrag.com website and all related intellectual property and other rights are owned by IP COLLATERAL PTY LTD, with registered office at Melbourne, VIC, 3004 Australia (ACN/ARBN: 167 176 052) («IP Collateral») in accordance with this Site Usage Policy, the Code of Etiquette and in accordance with the General Data Protection Declaration. theCrag Service provides a website under the domain name 'thecrag.com' («the Site»), and provides access to information through publications, mobile apps and other websites. theCrag Service may be provided through third party organisations.

theCrag Service is available for your use only on condition that you agree to these terms of use contained in this Site Usage Policy. You agree to abide by this Site Usage Policy and any additional terms that we make available to you through the Site. BY ACCESSING THE SITE AND / OR USING THECRAG SERVICE, BY UPLOADING INFORMATION OR MATERIALS TO OR FROM THE SITE OR BY INDICATING YOUR ACCEPTANCE OF THIS SITE USAGE POLICY, BY CREATING AN ACCOUNT, CLICKING 'I AGREE' ON THE CONSENT BANNER OR USING SIMILAR MECHANISMS, YOU AGREE TO THIS SITE USAGE POLICY AND THE LICENSING OF IP USER CONTENT AS DESCRIBED IN CHAPTER 5 AND 6. DO NOT ACCESS OR USE THE SITE, IF YOU DO NOT AGREE TO THIS SITE USAGE POLICY.

THECRAG USES THE MAP SERVICES OF THIRD PARTIES (E.G. GOOGLE MAPS). BY USING THE MAP FEATURES YOU AGREE TO THE TERMS AND CONDITIONS OF USE OF THE RESPECTIVE MAP PROVIDER.

This Site Usage Policy was written in English. If a translated version of its terms and conditions contradicts the English version, the English version shall prevail and you agree that in case of disputes only the English version is valid. The English version can be found at https://www.thecrag.com/en/terms. The same applies to the content of the Site, which is being translated in many languages. The default and official language of the Site, however, is English. If you are using the Site in other languages, you specifically confirm and agree that you are aware of that the translations may not be complete and may have errors.

Dangerous nature of website contentBack to contents

theCrag Service covers content for rock climbing, ice climbing, mountaineering and other climbing related and adventure activities. These are inherently extremely dangerous and can result in serious injury or death. Relying on the information on this Site may increase the danger. When acting on any information directly or indirectly available from this site you do so at your own risk. When climbing you can only rely on your own skill, training, experience and conditioning. If you have any doubts as to your ability to safely climb any route mentioned in this Site, do not try it.

The Site is neither a professional climbing instructor nor a substitute for one. It is not an instructional guide. Do not use it as one. It contains information that is nothing more than a compilation of opinions about climbing the routes described. Those opinions are neither facts nor promises. Treat the information as one person's opinions and nothing more. Do not substitute these opinions for your own common sense and experience.

By accessing the Site and / or using theCrag Service you acknowledge that any subject matter described is inherently extremely dangerous, and that the content may be misleading or wrong.

In aggregating content we do not verify or validate the accuracy of any information that has been provided by publications, websites, members or other source, nor does theCrag Service imply that any publication or website listed is fit for a particular purpose or merchantable.

The topographical maps, the photo-diagrams, the difficulty ratings, the protection ratings, the approach and/or descending information, the suggestions about equipment and other matters may be incorrect or misleading. In particular, for various reasons climbs may be more difficult than the ratings suggest. Fixed protection may not be where indicated, may be absent, or may be unreliable. You must keep in mind that the information in this site may be erroneous and use your own judgement when choosing, approaching, climbing or descending from a climb. Ratings of difficulty and protection may be subjective and depend on the physical attributes, fitness, experience and confidence of the climber who supplied the rating.

It is recommended that you consult with the local climber community to verify information presented by theCrag Service.

You should use your own judgement as to a route's difficulty and your ability to protect yourself from the risks of rock climbing.

There are no warranties, express or implied, as to the accuracy or reliability of information presented by theCrag Service. There are no warranties as to the fitness for purpose or merchantability of any information presented by theCrag Service.

Where theCrag Service suggests routes, it does so using statistics and algorithms which may from time to time make inappropriate suggestions, in particular suggesting routes of higher difficulty rating or more dangerous protection rating than you would normally climb.

By accessing the Site and / or using theCrag Service you agree to your assumption of the risk that the Site or theCrag Service may contain errors and you acknowledge your own sole responsibility for your climbing safety.

RegistrationBack to contents

The Site is directed exclusively at persons who are at least 13 years of age, if not a higher minimum age applies in your country for the use of the Site. Exceptions to this rule requiring a higher age limit may apply if required for acceding special features on the Site.

If you register on the Site you agree to the following: (a) to provide accurate, precise, up-to-date and complete information about you («Member Data»), and (b) maintain and promptly update the Member Data. You agree that we may use your Member Data to make available, as set out in this Site Usage Policy, the Site you access or use. If you provide Member Data that is inaccurate or out-of-date, or if we have reasonable grounds to suspect that such Member Data is inaccurate or out-of-date, we have the right to suspend or terminate your account and refuse current or future use of the Site. Given your use of the Site, you represent and warrant that you are not a person who under any applicable law is barred from receiving the services under this Site Usage Policy.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to it and to your computer and mobile phone while logged in to the Site. You assume responsibility for all activities that occur on your account, computer and mobile devices. We strive to take reasonable security measures to protect your account from unauthorized access. However, we cannot guarantee the absolute security of your account, your content (as defined below) or the Personal Data you provide, and we cannot promise that our security measures will prevent hackers from accessing the Site or its content from third parties. You agree that you will immediately notify us of any unauthorized use of your account or password or any other breach of security and confirm that you understand all risks of unauthorized access to the Member Data and any other information or content you provide to theCrag Service.

You might be able to register or sign in to your account through a third-party network such as Facebook or Google. If you do so, you hereby authorize us to pre-fill in the registration and other relevant information fields of your account and/or use these third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to abide by the terms and conditions and policies applicable to such third party.

TerminationBack to contents

If you have opened an account with theCrag.com, you can delete your account any time by accessing your account page through theCrag.com.

You agree that under certain serious circumstances and without prior notice, we may immediately terminate your account and/or access to the Website. Justifiable grounds for such termination include, but are not limited to (a) breaches of or violations of the terms of this Agreement or other incorporated agreements, policies or guidelines, (b) requests from law enforcement agencies or other government agencies, (c) an application by you (for account deletion initiated by yourself), (d) any interruption or material change in the operation of the Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) failure to pay any fees owed by you in connection with your use of the Site, (h) misrepresenting achievements (e.g. logging untrue ascents), (j) contributing area/route data which is disruptive, (k) creating an account for community unrelated activities incl. advertising and / or spam purposes, (l) creating an inactive account and/or (m) breaking the Code of Etiquette in any way or form. Termination of your account may include (x) removal of access to all offers on the Site, (y) deletion of your information, files and content associated with your account, and (z) blocking you from continuing to use the Site. You further agree that all terminations will be our sole discretion for legitimate reasons and that we will not be liable to you or any third party for any termination of your account or access to the Site. The following sections might survive termination of your account and/or the terms of the contract: (i) user contributions to e.g. routes and areas, (ii) logged ascents and ascent comments, (iii) photos, and (iv) links where your account is mentioned. If your account is mentioned in e.g. first ascents then your account will be turned into an historical account.

Contents and contributions of the users / Licensing of IP User ContentBack to contents

If you are a user, regarding all user content that is covered by intellectual property rights («IP User Content») (1) you specifically give IP Collateral, the following right and permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license in perpetuity to use any IP User Content that you post on or in connection with the Site for commercial and non-commercial use, including the license to use the IP User Content for granting a license to the world in general under a Creative Commons - Attribution NonCommercial ShareAlike (CC-NCSA) license («IP License»); and (2) you are responsible that you are the owner or entitled licensee of the IP User Content and that you do not provide licences to third parties that would exclude or affect the licence that you grant to us under item (1) of this paragraph. In case of breach of these obligations you shall be liable for damages caused and you shall hold us free from any third party claims.

If you would rather contribute to the Site under a different arrangement instead of a standard user, please contact us.

When creating profiles of historical persons who are no longer alive or of persons alive, this must be done based on information that is in the public domain and it may not infringe personal rights of these persons. The respective users must bear in mind that any damages caused by possible violations of personal rights to the detriment of the historical persons as well as of persons still alive must be borne by the respective users who created these profiles.

Licensing of IP User ContentBack to contents

IP Collateral is granting a license to the world in general to use the IP User Content on theCrag.com website under a Creative Commons - Attribution Noncommercial Share Alike (CC-NCSA) license. Therefor the use of the content is subject to the terms and conditions of the Creative Commons - Attribution NonCommercial ShareAlike (CC-NCSA) license to which you agree, if you use the content. The attribution of the content by users has to be made in accordance with the rules of CC-NCSA including the link to the respective website on theCrag.com.

Ownership and licensesBack to contents

In addition to the content generated by users, the site also includes content originating from theCrag and IP Collateral. You may seek permission from IP Collateral to use these contents commercially, which will require entering into a specific agreement with us.

Therefore, unless otherwise specified all intellectual property rights associated with theCrag Service, theCrag.com website, its material and contents («theCrag IP and Content»), all custom graphics, icons, and other items that appear on the Site and all associated trademarks and trademarks associated with theCrag are the sole and exclusive property of IP Collateral. The Term theCrag, the theCrag logo and other theCrag logos and product and service names are the exclusive trademarks and the exclusive property of IP Collateral and you may not use or display such trademarks in any way without our prior written permission. Any third-party trademarks displayed on the Site are the property of their respective owners.

You may access content on the Site using standard browsers. We will seek to provide other platforms for you to access content, but this may be at a premium.

Screen scraping for programmatic access is not permitted. All programmatic access must be made through the Site's Application Programming Interface (API).

Privacy policyBack to contents

By registering on the Site you confirm that you have read our Data Protection Declaration. Rights under the new EU Data Protection Regulation that go beyond the data protection rights of other jurisdictions apply only to persons who are in the EU.

User behaviour & acceptable contentBack to contents

By registering on the Site you agree to comply with the following: The Site is intended for your personal use and not for commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, and also may not transfer or sell any part of the website, use of the website or access the content for commercial purposes. The use of the content by professional climbers for their own marketing (this includes referencing of their successes from the Site, use of their Site profile for self promotion and embedding content from the Site on their personal web-pages) as well as by IFMGA (International Federation of Mountain Guide Association) mountain guides for guiding and marketing purposes is not considered commercial use hereunder.

By registering on the Site you agree to the Code of Etiquette.

Limitation of liabilityBack to contents

When accessing theCrag Service via a network (mobile, ISP or other) you acknowledge that the terms and conditions of the agreement with your respective network provider («Network Provider») will continue to apply. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the theCrag Service or any such third party charges as may arise. You accept responsibility for any such charges that arise.

The Site and all its content are provided 'as is' and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to the applicable law, theCrag and IP Collateral disclaim all warranties, express or implied, including, but not limited to, implied warranties of fitness or merchantability for a particular purpose and non-infringement. Neither theCrag nor IP Collateral represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the servers that makes the Site available are free of viruses or other harmful components. Neither theCrag nor IP Collateral do make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Without excluding the generality of the foregoing, theCrag and IP Collateral point out that the routes shown on the Site are not suggestions made by theCrag or IP Collateral and theCrag and IP Collateral shall not be liable for any accidents that may occur on the routes shown on the Site.

To the fullest extent permitted by the applicable law and to the extent that theCrag or IP Collateral is found liable for any damages, it shall be liable for actual damages only. In no event shall theCrag or IP Collateral be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use theCrag Service.

JurisdictionBack to contents

To the fullest extent permitted by law the law applicable to the use of the Site, the terms, content of the Site and your relationship with us shall be governed by and construed and interpreted in accordance with law of the State of Victoria, Australia, without regard to its conflict of law principles. And they are specifically not subject to the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.

As a note to EU residents: We do not participate in dispute resolution proceedings before a consumer arbitration body.

Modifications to the termsBack to contents

theCrag reserves the right to revise and updated this Site Usage Policy at any time. You will be notified of such changes when you log in to your account using your standard username and password on the Site. It is your responsibility to otherwise check for changes in the Site Usage Policy. Your continued usage of theCrag Service after any changes of the Site Usage Policy have been made means that you accept those changes.