terms

Trails.by :: find your way
Terms of Service

DisruptDev, LLC. TERMS OF USE

DisruptDev, LLC. ("DisruptDev") is the owner and provider of the TRAILS.BY website (this "Site"), an online service that allows users to establish a trail of information regarding topics of interest.

This Terms of Use agreement (interchangeably, "Terms of Use" or "Terms of Use Agreement") applies to all aspects of Users' accessing, browsing, using, framing and/or linking to this Site. Any person accessing, browsing, using, framing and/or linking to this Site in any way is a user for purposes of this Terms of Use Agreement and may be referred to as "user," "users" or "you" herein.

1) Acceptance of Terms of Use.

a) By accessing, browsing, using, framing and/or linking to this Site, You acknowledge that you have read, understand, and agree to be bound by the provisions of this Terms of Use Agreement.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THIS SITE AND ITS SERVICES OR BY POSTING ANY MEMBER CONTENT ON THIS SITE, APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THIS SITE. IF YOU ARE DISSATISFIED AND/OR DO NOT AGREE TO THE PROVISIONS OF THIS TERMS OF USE AND ANY OR ALL OF ITS PROVISIONS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THIS SITE.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

b) This Terms of Use Agreement is subject to change. Any changes to this Terms of Use will be posted on this Site. All accessing, browsing, using, framing and/or linking to this Site are subject to the provisions of this Terms of Use, as amended. By continuing to access or use this Site, after the posting of any such modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using this Site.

2) Account Registration

In order to access certain features of this Site, its Services, and its Content, you must register to create an account ("Account"). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. DisruptDev reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify DisruptDev of any unauthorized use of your Account.

3) Restrictions on Use of This Site and Its Content.

a) This Site and its Services are intended solely for persons who are 13 or older. Any access to or use of this Site and its Services by anyone under 13 is expressly prohibited. By accessing or using this Site and its Services you represent and warrant that you are 13 or older.

b) Limited License. Subject to all of the provisions of this Terms of Use, DisruptDev hereby grants you a terminable, non-exclusive, non-transferable, personal, non-sublicenseable license to access and use this Site ("Limited License"), solely for your personal and non-commercial purposes. All other uses of this Site, its software and the Materials, including, but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web site, mirroring this Site or in any other way exploiting any of the Materials, in whole or in part, is not permitted under this Limited License and may violate one or more of DisruptDev's or a third party's intellectual property rights and is prohibited without DisruptDev's prior express written consent. Except for this Limited License, nothing contained herein shall be construed as conferring to You in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of DisruptDev or any third party.

c) This Site, its Services, and its Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, DisruptDev and its licensors exclusively own all right, title and interest in and to this Site, its Services, and its Content including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying this Site, Application, Services or Site Content.

d) Prohibited Use. You agree not to do any of the following:

  1. Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

  2. Use, display, mirror or frame this Site, or any individual element within this Site including any trademark, logo, the layout and design of any page or form contained on a page or other proprietary information, without our express written consent;

  3. Access, tamper with, or use non-public areas of this Site, our computer systems, or the technical delivery systems of our providers;

  4. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures of this Site;

  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by this Site or any of our providers or any other third party (including another user) to protect this Site, its Services or Content;

  6. Attempt to access or search this Site, its Services or Content or download Content from this Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by this Site or other generally available third party web browsers;

  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation for this Site;

  8. Use any meta tags or other hidden text or metadata associated with this Site without our express written consent;

  9. Use this Site, its Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

  10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide this Site, its Services or Content.

  11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing this Site;

  12. Collect or store any personally identifiable information from this Site from other users of this Site without their express permission;

  13. Impersonate or misrepresent your affiliation with any person or entity associated with this Site;

  14. Violate any applicable law or regulation; or

  15. Encourage or enable any other individual to do any of the foregoing.

e) Copyright Infringement Notification.

DisruptDev respects the intellectual property of others and asks its content partners and those posting to this Site to do the same. See DisruptDev’s Copyright policy for additional information.

4) Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Content (“Member Content”). By making available any Member Content through this Site, you hereby grant to DisruptDev a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content. DisruptDev does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through this Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through this Site or you have all rights, licenses, consents and releases that are necessary to grant to DisruptDev the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or DisruptDev’ use of the Member Content (or any portion thereof) on, through or by means of this Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5) Third Party Content

a) This Site may provide links or references to other sites or resources. You acknowledge and agree that DisruptDev has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. DisruptDev does not endorse companies or products to which it has provided links. . Links to such websites or resources do not imply any endorsement by DisruptDev of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

b) There may be circumstances where access to This Site is provided by a hypertext link located at another Web site. DisruptDev does not make any representations or give any warranties with respect to any information contained in or at these other sites and DisruptDev shall not be liable for any damages or injury arising from the content or services of these other sites. DisruptDev does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to This Site.

6) Disclaimers.

THIS SITE, ITS SERVICES OR CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DisruptDev EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DisruptDev MAKES NO WARRANTY THAT THIS SITE, ITS SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DisruptDev MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THIS SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THIS SITE, ITS SERVICES OR CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THIS SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THIS SITE. YOU UNDERSTAND THAT DisruptDev DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THIS SITE, NOR DOES DisruptDev MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THIS SITE. DisruptDev MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THIS SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THIS SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THIS SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

7) Limitation of Liability.

a) DisruptDev periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. DisruptDev shall have no liability whatsoever for the resulting unavailability of this Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external to This Site.

b) DisruptDev ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL DisruptDev BE LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, EVEN IF DisruptDev HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8) Indemnity.

You agree to indemnify, defend, and hold DisruptDev and DisruptDev's subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or Your violation of any law or the rights of a third party.

9) Communications with DisruptDev.

DisruptDev welcomes your comments and feedback regarding this Site, its services or content. However, DisruptDev does not want and cannot accept any ideas, suggestions and other similar submissions disclosed, submitted or offered to DisruptDev using This Site or otherwise which You consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to DisruptDev using This Site or otherwise (collectively, "Submissions") ARE NOT CONFIDENTIAL and become and remain the property of DisruptDev. Subject to the parameters and restrictions set forth in DisruptDev's Privacy Policy, DisruptDev is under no obligation to refrain from and is entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions. You hereby give DisruptDev your consent to use your personal data consistent with DisruptDev's Privacy Policy.

10) Termination of Usage.

This Terms of Use Agreement shall remain in force until terminated by either you or DisruptDev. You may terminate this Terms of Use Agreement solely by discontinuing your use of and access to this Site. DisruptDev may terminate this Terms of Use Agreement, or suspend your access to all or part of this Site, without notice, for any conduct that DisruptDev, in DisruptDev's sole discretion, believes is disruptive to this Site, is in violation of any applicable law or is in violation of this Terms of Use.

11) General.

a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between DisruptDev and you regarding this Site, its Services or Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between DisruptDev and you regarding this Site, its Services or Content.

b) Applicable Law. You hereby acknowledge and agree that DisruptDev's Terms of Use, DisruptDev's Privacy Policy, and your access to and use of this Site are governed by U.S. Federal Law and/or the laws of the State of Texas, and that any legal action or proceeding relating to DisruptDev's Terms of Use, DisruptDev's Privacy Policy, and your access to and use of this Site shall be instituted only in a state or federal court located in Dallas County, Texas, U.S.A. You and DisruptDev hereby irrevocably agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

c) Severability. If any provision of this Terms of Use is found by a court to be unlawful, invalid or unenforceable, the parties agree that the court shall amend that provision to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms of Use will remain in full force.

d) Waiver. No delay or omission by DisruptDev to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Terms of Use shall impair any such right or power or be construed to be a waiver thereof. Any waiver by DisruptDev of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

 

Contacting DisruptDev:

DisruptDev, LLC.

925 S Capital of Texas Hwy, Ste B245
Austin, TX 78746

Phone: (512) 347-0777

E-Mail: hello@trails.by


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