iOverlander Terms of Service

April 1, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY IOVERLANDER. THESE TERMS OF SERVICE (“TERMS”, “TERMS OF SERVICE”) GOVERN YOUR USE OF OUR WEB PAGES LOCATED AT HTTPS://WWW.IOVERLANDER.COM AND OUR MOBILE APPLICATIONS, IOVERLANDER AND IOVERLANDER 2, (TOGETHER OR INDIVIDUALLY “SERVICE”) OPERATED BY IOVERLANDER, LLC.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Service, you agree to all of the terms and conditions contained herein (“Terms of Service”) which may be updated from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Service” section below. These Terms of Service apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials to the Service, venues that access the Service, and users that have an account on, or otherwise access, the Service.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. iOverlander cannot guarantee the authenticity or accuracy of any Content or data which users may submit, or which they provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting there from. For purposes of these Terms of Service, the term “Content” includes, without limitation, any location information, dates, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users is collectively referred to as “User Submissions.”

You are solely responsibility for verifying the accuracy of any information provided on the Service, including, but not limited to, any and all information related to “Wild Camps.” It is your sole responsibility to verify local laws, rules, regulations, and other applicable restrictions which may apply to these areas. Furthermore, you agree to notify iOverlander immediately if any area designated as a Wild Camp is located on private property or where camping is otherwise prohibited.

Registration and Eligibility

You may view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with iOverlander and represent, warrant and covenant that you provide iOverlander with accurate and complete registration information (including, but not limited to a user name, e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account.

You shall not create any account for anyone other than yourself without such person’s permission; or use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

iOverlander reserves the right to refuse registration of, or cancel a Username, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your iOverlander password. You shall never use another user’s account without such other user’s prior express permission.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service.

iOverlander Content

Subject to these Terms of Service, iOverlander grants each user of the Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from iOverlander. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

User Submissions

We may use your User Submissions in a number of different ways in connection with the Service. iOverlander may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions through the Service, you hereby do and shall grant iOverlander a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service.

You also hereby do and shall grant each user of the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Service and Third Party Media. For clarity, the foregoing license grant to iOverlander does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such Content originated; that iOverlander will not be liable for any errors or omissions in any Content.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory codes applicable to your industry.

By way of example, and not as a limitation, you shall not upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by iOverlander in its sole discretion;
  • contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of iOverlander or any third party;

You shall not (directly or indirectly):

  • take any action that imposes or may impose (as determined by iOverlander in its sole discretion) an unreasonable or disproportionately large load on iOverlander’s infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures iOverlander may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • harvest or scrape any Content from the Service;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • otherwise take any action in violation of iOverlander’s guidelines and policies.

iOverlander does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site. iOverlander has no obligation to monitor the Site, Content, or User Submissions. However, iOverlander reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if iOverlander is concerned that you may have violated these Terms & Conditions of Use), or for no reason at all.

Third Party Sites and Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third party websites, you do so at your own risk. These other websites are not under iOverlander’s control, and you acknowledge that iOverlander is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

Termination

iOverlander may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Service. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, quarterly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or iOverlander, LLC cancels it. You may cancel your Subscription renewal through subscription management in either the Apple App Store or Google Play Store.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide iOverlander, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize iOverlander, LLC to charge all Subscription fees incurred through your account to any such payment instruments. Except when required by law, paid Subscription fees are non-refundable.

Free Trial

iOverlander, LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, iOverlander, LLC reserves the right to modify Terms of Service of Free Trial offer, or cancel such Free Trial offer.

Fee Changes

iOverlander, LLC, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

iOverlander, LLC will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Warranty Disclaimer

Save to the extent required by law, iOverlander has no special relationship with or fiduciary duty to you. You acknowledge that iOverlander has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

THE SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

IOVERLANDER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless iOverlander, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, Content or otherwise from your User Submissions, violation of these Terms of Service, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of iOverlander). iOverlander reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with iOverlander in asserting any available defenses.

Limitation of Liability

ALL LIABILITY OF IOVERLANDER, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF IOVERLANDER, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

Integration and Severability

These Terms of Service are the entire agreement between you and iOverlander with respect to the Service, Content, User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and iOverlander with respect to the Service. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

Modification of Terms of Service

iOverlander reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Service or by sending you notice through the Service or via email. iOverlander may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact

You may contact iOverlander at [email protected]

About iOverlander

iOverlander is a website and mobile app created to help overlanders on the road find their next destination. Please help us improve our data by updating and adding places you have been.

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