Terms of Use

Last updated: July 1, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website rockclimb.videoracles.com (the “Program”) operated by VIDEORACLES LLC (“VIDEORACLES”, “us”, “we”, or “our”).

Your access to and use of the Program is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Program.

By accessing or using the Program you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access or use the Program.

Your Safety

Rock climbing has an element of risk. In some situations if you are not careful, the chances of serious injury or death are very real. A safety oriented mindset is essential.

The right attitude includes not thinking that just by watching videos and reading articles you will become a safe and experienced climber. Experience comes with practice. Practice means making occasional mistakes and learning from them.

We believe qualified in-person training should be the main way of learning and progressing in rock climbing. A good mentor, guide or teacher will make learning as safe as it can be, by assessing your level and every situation.

The Program is not meant to replace in-person teaching by a qualified professional, nor it is meant to replace reading and understanding the instructions and manuals of rock climbing equipment—which we strongly advise you to do. (Manufacturers recommendations occasionally change, and it is a good idea to stay updated by visiting their websites.)

The Program is meant to inform and entertain. By using the Program you acknowledge and agree that you will not hold VIDEORACLES or any of the participants responsible for an accident related to rock climbing.

Minor Users

If you are a minor (i.e., less than 18 years old in the USA), you must ask your parent or guardian for permission to use the Program. Parents/guardians, please consider that rock climbing is a risky activity, especially when not properly supervised. See “Your Safety” paragraph above.

Data Surcharge

The service consists mostly of videos. Videos may use a lot of bandwidth. Depending on your location and data plan, watching videos with a cellular Internet connection may cause surcharges. Watching videos with a Wi-Fi Internet connection instead generally avoids surcharges. How you connect to the Internet is your responsibility, and you acknowledge and agree that VIDEORACLES shall not be responsible or liable, directly or indirectly for surcharges in your bill.

Intellectual Property

The Program and its original content, features and functionality are and will remain the exclusive property of VIDEORACLES and its licensors. The Program is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of VIDEORACLES.

No part of the Program’s content may be copied, distributed, or transmitted in any form or by any means without the prior written permission of VIDEORACLES.

Links To Other Web Sites

Our Program may contain links to third party web sites or services that are not owned or controlled by VIDEORACLES.

VIDEORACLES has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that VIDEORACLES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your access to the Program at any time, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless VIDEORACLES and its licensee and licensors, parents, subsidiaries, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Program, or b) a breach of these Terms.

Limitation Of Liability

In no event shall VIDEORACLES, nor its directors, parents, subsidiaries, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Program; (ii) any conduct or content of any third party on the Program; (iii) any content obtained from the Program; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Program is at your sole risk. The Program is provided on an “AS IS” and “AS AVAILABLE” basis. The Program is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

VIDEORACLES its parents, subsidiaries, affiliates, and its licensors do not warrant that a) the Program will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Program is free of viruses or other harmful components; or d) the results of using the Program will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Any dispute arising from this contractual relationship shall be governed by California law, and shall be decided solely and exclusively by State or Federal courts located in Los Angeles, California. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Program, and supersede and replace any prior agreements we might have had between us regarding the Program.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Program after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Program.

Contact Us

If you have any questions about these Terms, please contact us by email: rockclimb@videoracles.com

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to the rockclimb.videoracles.com website and VIDEORACLES LLC and governs data collection and usage.

For the purposes of this Privacy Policy, unless otherwise noted, all references to VIDEORACLES include rockclimb.videoracles.com and VIDEORACLES LLC.

The ROCKCLIMB.VIDEORACLES.COM website provides information about VIDEORACLES and allows communication between VIDEORACLES and its customers, or potential customers. By using the ROCKCLIMB.VIDEORACLES.COM website, you consent to the data practices described in this statement.

Collection of your Personal Information

VIDEORACLES may collect personally identifiable information, such as your name and email address. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by VIDEORACLES. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the VIDEORACLES website.

VIDEORACLES encourages you to review the privacy statements of websites you choose to link to from VIDEORACLES so that you can understand how those websites collect, use and share your information. VIDEORACLES is not responsible for the privacy statements or other content on websites outside of the VIDEORACLES website.

Use of your Personal Information

VIDEORACLES collects and uses your personal information to operate its website(s) and deliver the services you have requested.

VIDEORACLES may also use your personally identifiable information to inform you of other products or services available from VIDEORACLES and its affiliates. VIDEORACLES may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

VIDEORACLES does not sell, rent or lease its customer lists to third parties.

VIDEORACLES may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to VIDEORACLES, and they are required to maintain the confidentiality of your information.

VIDEORACLES may keep track of the websites and pages our users visit within VIDEORACLES, in order to determine what VIDEORACLES services are the most popular. This data is used to deliver customized content and advertising within VIDEORACLES to customers whose behavior indicates that they are interested in a particular subject area.

VIDEORACLES will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on VIDEORACLES or the site; (b) protect and defend the rights or property of VIDEORACLES; and, (c) act under exigent circumstances to protect the personal safety of users of VIDEORACLES, or the public.

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), VIDEORACLES legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

VIDEORACLES may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it is not overridden by your rights
• To comply with the law

Security of your Personal Information

VIDEORACLES secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

VIDEORACLES may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it is not overridden by your rights
• To comply with the law

Retention of Data

VIDEORACLES will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

VIDEORACLES will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Program, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. VIDEORACLES will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If VIDEORACLES is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, VIDEORACLES may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

VIDEORACLES may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of VIDEORACLES
• To prevent or investigate possible wrongdoing in connection with the Program
• To protect the personal safety of users of the Program or the public
• To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format. Requests should be sent to the Data Controller at the contact information set out below.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. To determine whether any of the third party services support the “Do Not Track” requests, please read their privacy policies.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. VIDEORACLES aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where VIDEORACLES relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Children Under Thirteen

VIDEORACLES does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from VIDEORACLES by contacting us here:

• Web page: https://rockclimb.videoracles.com/contact-us/
• Email: rockclimb@videoracles.com

Changes to this Statement

VIDEORACLES will occasionally update this Statement of Privacy to reflect company and customer feedback. VIDEORACLES encourages you to periodically review this Statement to be informed of how VIDEORACLES is protecting your information.

Contact Information

VIDEORACLES welcomes your questions or comments regarding this Statement of Privacy. If you believe that VIDEORACLES has not adhered to this Statement, please contact VIDEORACLES at:

Email Address:
rockclimb@videoracles.com

Effective as of July 1, 2020