Terms and Conditions for Use of
climbersroutes.com

  1. ClimbersRoutes.com

    The climbersroutes.com web portal is operated by Marcel Zúbrik - cw, Internátna 32, 974 04 Banská Bystrica, Registration no. (IČO): 37 396 455 (the “Operator“).

    The climbersroutes.com web portal can be accessed to keep climber logs, register climbing routes and areas, publish climber profiles, and create, purchase and sell climber guides (the “Guides”) and use other services.

    Some functionalities of climbersroutes.com portal are open to all visitors, other functionalities are only available to registered users. The registration with climbersroutes.com is free of any charge. The registration can also be done through an external social network. However, your consent with these Terms and Conditions is included in and required for your registration.

    You can register either as a user or as an author. Users have access to most functionalities, including the keeping of climber logs, purchase of Guides and creation of free Guides. Authors have all user permissions PLUS the ability to create paid Guides and share in proceeds from their sale.

    You are required to fill in the registration form with complete, accurate and up-to-date details about yourself.

    We reserve the right to not accept your registration. The registration will typically not be accepted where details given in the form breach third party intellectual property rights or where your account has been cancelled in the past for a breach of the Terms of Use.

  2. General Terms and Conditions and Terms of Use

    1. General Terms and Conditions for Users

      1. User Rights and Obligations

        Climbersroutes.com web portal gives you the ability to search for climber routes, route maps and Guides, keep your climbing journal, use your pictures to create climbing route maps, Guides and buy Guides. To this end, the climbersroutes.com portal will give you tools to search, record, share and comment on the routes, route maps, Guides and to publish climber profiles.

        We make efforts to keep climbersroutes.com servers and other equipment running around the clock to largest degree possible; however, short-term outages are required for the performance of safety software upgrades and hardware maintenance and replacement, and for addressing any breakdowns, power outages or effects of natural disasters. We do not guarantee a non-stop operation and connectivity of the climbersroutes.com portal. We shall not be liable for any damage or non-pecuniary harm suffered with respect to climbersroutes.com connectivity outage.

      2. Purchase of Guides

        Guides can only be purchased by registered users. To purchase a Guide, the user must first place the Guide in the basket, fill in the delivery and billing information and manner of payment and then make the payment.

        Each Guide can be viewed on-line for free but not in a printer-friendly version. Registered users can thus check all information that will be contained in the Guide they are about to purchase.

        Paid version of the Guide comes in a printer-friendly version and is offered as either a PDF file or a printed version. Postage and packing fees will be charged extra to the price of the printed version.

        When you download a paid Guide in PDF file or buy a printed version of the Guide, you will also automatically have the right to download any more recent versions of the Guide in a PDF file for six months of the date of your order. Individual Guide versions are marked as Revisions, where the Revision number is the last number of the downloaded PDF file name, together with the date and number indicated on the bottom of the first page in the PDF file.

        When you buy the Guide in a PDF version, you are entitled to print its copy for your own needs so that in any given moment there is only one copy of each Revision. You must not disseminate the PDF file or any of its printouts.

      3. Guarantee and Liability

        Guides and their parts are copyrighted works, not products or services. We provide no guarantee for information included in the Guides or any part thereof. No complaints are allowed on grounds of non-satisfaction with information included in the Guides. However, complaints are allowed with respect to any defects of individual blocks in a Guide that arose during the automated data transfer of such blocks to a printer-friendly version. In such case, users may request either a repair of the relevant blocks or a refund of the price corresponding to the blocks that show defects.

        The Operator of the climbersroutes.com portal shall not do any checks or inspections to determine whether the Guides reflect reality and shall not be held liable for any damage that may incur from or in connection with the use of the Guides.

      4. Copyright

        All text, picture and multimedia content offered on the climbersroutes.com domain is protected by copyright held by the Operator, authors of original work and third parties under a contract or licence held with the Operator.

        You shall be free, as user of the climbersroutes.com portal, to display and use the content for your own needs. However, you must not disseminate the content either electronically or on any material carrier, whether for profit or not.

        When you purchase Guides, you will have access to further specific permissions described elsewhere in these Terms and Conditions.

    2. Special Provisions for Authors

      This Section of the Terms and Conditions shall apply to you only if you are registered as an author of the Guides.

      1. Authors

        You can simply register as an author by filling in, in your settings, details marked as required for the payment of share in proceeds from the sale of Guides. Users who did not fill in such details or who filled in incomplete or incorrect details are not deemed to be authors.

        You will be free to create Guides even if not registered as author; however, you will not be entitled to a share in proceeds from their sale. If you register as an author on a later date, you will not be entitled to receive a share in proceeds from the sale of those Guides that were created by you prior to your registration as an author.

        Should your author registration details prove to be inaccurate or not up-to-date, we will send you an e-mail asking you to fill in complete or updated details. If you fail to correct or update the details within 14 days of our e-mail, you will lose your author status and no more shares in proceeds will be credited to your account. We will renew your author status on your request after your details have been completed or updated, as necessary.

      2. General Provisions

        The climbersroutes.com portal intends to give you a tool to create, as a whole or on a part-by-part basis, Guides for climbing areas, including maps of routes and accesses, and to share in proceeds generated by the climbersroutes.com portal from the sale of Guides. For these purposes, the climbersroutes.com portal offers you functionalities, tools, technological background and means of communication.

        We make efforts to keep climbersroutes.com servers and other equipment running around the clock to largest degree possible; however, short-term outages are required for the performance of safety software upgrades and hardware maintenance and replacement, and for addressing any breakdowns, power outages or effects of natural disasters. We do not guarantee a non-stop operation and connectivity of the climbersroutes.com portal. We shall not be liable for any damage, lost profit or lost business opportunities with respect to climbersroutes.com connectivity outage.

        You agree to keep up to date the details in your climbersroutes.com profile, in particular your billing and contact details.

        Your activity during or aimed at the creation of the Guides may be seen under relevant law, in certain circumstances, as doing business. You are responsible for meeting all obligations under law that result from your creation of Guides and collection of commissions (shares in proceeds) from their sale through the climbersroutes.com portal: be it obtaining the required licence to do business, keeping of your books or filing of your tax returns and payment of taxes and contributions to social security and healthcare. We do not purport to act as your employer or payer of dependent income as per relevant tax rules. We do not provide legal, accounting or business consultancy; if you are unsure about the scope of your obligations please seek the advice of relevant experts.

      3. Creation and Sale of Guides

        A ‘Guide’ shall mean a set of interconnected information blocks. A ‘block’ is made up of information that take the form of text, picture or route map. Each block in a Guide may be authored by a different person. Each block is a copyrighted work, where the copyright is held by its author.

        When you create blocks, you as author agree to only provide information that you have yourself checked are true, and to only insert in such blocks such drawings, texts or other copyrighted works that have been created by you or to which you possess sufficient authorisations from a person holding copyright to such works.

        In exchange for a fee set out in Section 2.2.4, you grant to the Operator an exclusive licence to blocks created by you, such exclusive licence is unlimited in time, place and matter and good for any use of the work, in particular for its duplication, dissemination by sale, lease or otherwise, alterations, modifications, contribution to a collective work, use for creation of new works or in any other manner compliant with applicable laws. The Operator shall be free to grant sub-licences to third parties, or to transfer or assign this licence to a third party.

        All created blocks are available free of any charge on the climbersroutes.com portal in free Guides to be used solely in an on-line form and without a print-friendly formatting. All Guides available free of charge will be displayed with a “Donate” or “Darovať” button that will enable users to donate an amount of their choice to the use of such Guide.

        The Operator shall transform the created blocks into a formatted PDF file or into printed Guide offered by the Operator to users for purchase in the e-shop. As an author, you are entitled to share in proceeds from such sale of Guides in the amount set out in the next Section 2.2.4.

      4. Provízia a platobné podmienky

        The author shall have the right to receive remuneration, calculated as a share in proceeds from the sale of a Guide that contains a block created by such author, at the rate of 66% of the price of the block. Individual block prices will be set by the Operator.

        The author shall have the same share in any amounts donated by users using the “Donate” or “Darovať” button.

        The author will be entitled to a share in proceeds only in respect of those paid Guides that have been properly purchased and in respect of which payment was properly made and no complaint was raised. The shares in proceeds from sale are calculated automatically after the payment for a Guide was received, and shall be paid on payment dates after reaching an amount set by the relevant author in their settings that may, however, not be less than 20 euros.

        Payment dates are 1 March and 1 September in the given year.

        Any bank charges and fees in connection with the wire transfer shall be the responsibility of the author. If the Operator incurs an obligation to pay these charges and fees prior to such transfer, the Operator shall be free to set them off against the relevant author’s entitlement to payment.

    3. Termination

      You may terminate your use of the climbersroutes.com portal at any time by deleting your profile on the climbersroutes.com, even without giving any reason.

      We shall also be entitled to disable access to your profile on the climbersroutes.com portal at any time, without giving any reason. We will do so in particular in a situation when you have breached your obligations under these Terms and Conditions or when you have failed to use the site for a long time; such failure we typically consider to occur when you have not logged in to the climbersroutes.com portal for a period longer than 12 months. In such case, you will be given the opportunity to download your details from climbersroutes.com to another storage/location within 14 days. After such 14-days’ period, all your information and details included in your profile will be deleted.

      We will delete your profile, including all your personal data and information, but excluding all details of climbing routes, maps and Guides that you have inserted. Deletion of your account shall not terminate the licence that you, as an author, have granted to the Operator of the climbersroutes.com portal in accordance with these Terms of Use.

  3. Privacy

    To improve the content and use of the climbersroutes.com portal, the Operator automatically collects the following information from all visitors to the portal:

    • IP (Internet Protocol) address of the computer used by the user;
    • Date and time when the user visited the site;
    • Basic browser identification details in the form of ‘session cookies’.

    The Operator uses such information solely in order to provide services and functionalities of the climbersroutes.com portal to a given user. The Operator does not disclose such information to any third parties for commercial or business purposes. Session cookies data are stored through a browser until they are deleted by the browser and serve the purposes of a one-off user identification.

    You give us your personal data (during the basic registration, you give us your name, surname and e-mail address, and during the registration as an author of paid Guides, you also give us details of your address, telephone number and account number) in compliance with the provisions set out in Act No. 122/2013 Coll. on Personal Data Protection and Amending Some Other Laws (the “Personal Data Protection Act”) for the purposes of performing services through the climbersroutes.com portal, and you agree to our processing and handling of such data in accord with the Personal Data Protection Act. You grant this consent for an unlimited period of time and may revoke it at any time by sending an e-mail to the address webmaster@climbersroutes.com. Such email must contain the revocation of user’s consent with personal data protection, include a phrase “I revoke my consent with personal data processing” and must be sent from the e-mail address linked to your account.

    You are entitled to demand at any time, by a written request, information about your personal data in accordance with Section 28 of the Personal Data Protection Act. By registering on the climbersroutes.com portal, you declare that you have been advised on the rights of the data subject.

    In accordance with Section 62(2) of Act No. 351/2011 Coll. on Electronic Communications, as amended, you herewith consent to e-mails and text messages being sent to contact details provided by you whilst registering for the climbersroutes.com portal. Such e-mails and text messages will originate solely from us and may follow information or advertising purposes. You have the right to notify us electronically at any time that you withhold your consent with sending such e-mails either through a web form found at http://climbersroutes.com/unsubscribe, or by sending us an e-mail with “INFO OFF” in the subject line to webmaster@climbersroutes.com.

  4. Special Provisions for Mobile Application

    You are enabled to use certain functionalities of the climbersroutes.com portal also through a mobile application Climber’s Routes Mobile for Android, freely available through the Google Play shop. The mobile application is created and operated by the Operator of the climbersroutes.com portal.

    The mobile application allows you to:

    • Record the routes you have climbed: insert, edit and delete the routes, and synchronise with your profile set up on the portal. You can synchronise up to 500 new routes since last synchronisation.
    • Create and record your route maps (topos) – insert, edit and delete maps, and synchronise with your profile set up on the portal. You can synchronise up to 500 new routes since last synchronisation.
    • Download and view the Guides you have bought in PDF.

    These Terms of Use, including the provisions regarding privacy and management of your profile, shall apply accordingly to the use of the mobile application.

  5. Joint and Final Provisions

    These Terms of Use, and any relations arising out of or subject to your registration with the climbersroutes.com portal shall be governed by Slovak law.

    If any provisions in these Terms and Conditions are held to be invalid or ineffective in full or in part, this shall not affect the validity or effectivity, as the case may be, of other provisions of these Terms and Conditions. The invalid or ineffective provision(s) shall be replaced with a provision that comes as close as possible to the meaning and purpose of such invalid provisions of these Terms and Conditions. Equal procedure shall be taken in the case when any of the provisions set out in these Terms and Conditions is held to be unenforceable.

    Any differences and disputes arising out of or in connection with these Terms of Use shall be settled primarily by an agreement of the parties. However, in the absence of such agreement all disputes shall be finally settled by the relevant court of the Slovak Republic having jurisdiction and determined in accordance with the procedural rules applicable in the Slovak Republic.

    We shall be free to amend at any time these Terms of Use and to change the appearance and functionality of the climbersroutes.com portal. You shall receive a 30 days’ notice of each such planned amendment or change. If you do not agree to the planned amendment or change, you shall have a period of 30 days to choose to terminate your use of the climbersroutes.com portal and to delete your profile. Your continued use of the climbersroutes.com portal after the 30 days’ period from the notification of such amendment or change shall be construed as your consent with the amended Terms of Use.

Translated by:
Juraj Bobula MCIL*
EN-SK-EN Translator
www.justlawtexts.com