Revised 2022-04-26
These Terms of Service ('Terms,' 'Agreement') govern your access to and use of Grit ('OLT Grit,' 'Grit,' the 'Application,' the 'Service'), a software application created by OpenLongTrails.org ('OpenLongTrails,' 'OLT,' 'we,' 'us,' 'our').
Please read this Agreement carefully and completely prior to accessing the Application. By accessing or using any part of the Application, you agree to become bound by the terms and conditions of 1) this Agreement and 2) our Privacy Policy. If you do not agree to all of the conditions, you should not use the Application.
'User Content' refers to anything a user may submit via the Application.
You must be at least 18 years of age to use the Application. Any use by anyone under the age of 18 is prohibited, and no individual under the age of 18 may make use of the Application or provide any Personal Information to OpenLongTrails.org.
When you create your account, you must provide us with accurate and complete information.
If you create an account on behalf of an organization or other legal entity, you warrant that you are authorized to represent that entity, and all of the terms of this document will apply to that entity as well as to yourself.
You may not create or use any account that impersonates any person or legal entity, or misrepresent your identity or association with any person or organization. You may not create an account name that is obscene or otherwise objectionable.
Accounts may only be created by, and used by, humans. Accounts registered by 'bots' or other automated methods are a violation of these Terms and may be subject to removal, with or without notice.
You are responsible for maintaining the security of your account and password. You agree to treat your private registration information, such as your password, as confidential, and to not allow anyone else to access the Service via your credentials. We recommend the use of strong passwords.
We grant you a limited, non-exclusive, non-transferable, revocable, worldwide license to perform, display, and use the Application.
OLT Grit is open source software. Information about the source code licensing of OLT Grit is available at grit.openlongtrails.org/about/license.html.
You are permitted to use the Application for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms. Prohibited uses include violation of laws and regulations, hacking the Application in any manner, or violating the Content Standards or Prohibited Conduct described below. Other than that specifically described in these Terms, no right, title or interest in or to the Application or any content is transferred to you, and all rights not expressly granted are reserved. Any use of the Application not expressly permitted by these Terms is a breach of these Terms and can lead to moderation, including account termination.
You represent that your use of the Application will be in strict accordance with these Terms and any and all applicable laws and regulations, including without limitation the laws and regulations local to your jurisdiction.
Your use of the Service is at your own risk. The service is provided on an 'as is' and 'as available' basis.
We do not represent that the Service will be available on a continuous basis or make any guarantees about uptime. We also reserve the right to suspend or restrict access to some features. We are not liable for any damages relating to unavailability of the service, or for any associated data loss.
This Agreement begins on the date you first use the Application, and continues as long as you have an account with us. Certain portions of this agreement, such as the assignment of copyright and other interests to OpenLongTrails of data contained in User Content, will survive the termination of your account, regardless of the reasons for or circumstances of account termination.
OpenLongTrails.org has the right, though not the obligation, at its sole discretion, with or without notice, with or without cause, to modify or remove any User Content which we deem incompatible with our policies or the best interest of OLT, the Application, and its users, or which may result in damage to OLT's reputation and goodwill. We also reserve the right to terminate any account(s) associated with such activity.
At OpenLongTrails.org's sole discretion, repeated or egregious Prohibited Conduct, or any other conduct that is in any way inconsistent with these Terms or otherwise harmful or objectionable, may result in moderation, including but not limited to 1) automatically flagging all User Content submissions associated with an account to require moderator pre-approval before the content is made visible to other users of the Application; and/or 2) the permanent termination of the account associated with such content. These actions may be taken with or without prior notice to the affected user(s).
A user whose account has been subjected to moderator action is not permitted to attempt to circumvent the action by creating or using another account on the Service at any time.
Verbal, physical, written, or other abuse, including threats of abuse or retribution, of any OpenLongTrails.org user, customer, employee, member, director, officer, volunteer, or other agent, will result in immediate account termination.
If we determine, at our sole discretion, that your bandwidth usage significantly exceeds that of the average user of the Application, we may take action up to and including throttling your usage of the Service, permanent termination of your account, and/or banning access via your IP address or other means.
You can delete your account by sending a request to support@openlongtrails.org. We will follow up on your request in a commercially reasonable period of time.
Unless specifically requested, deleting your account will not necessarily delete all of the associated User Content, such as waypoint comments.
Submission of User Content via the Application is completely voluntary.
You grant OpenLongTrails.org a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content. Nothing in these Terms shall restrict other legal rights OpenLongTrails.org may have to User Content.
In order to ensure the free and open sharing of information contributed via User Content, when you submit trail data via User Content such as in a waypoints comment or waypoint suggestion, you waive all associated moral rights or rights of attribution, and assign copyright and any other interests to OpenLongTrails.org. This license continues even if you stop using the Application or delete your account. We may assign a license to any data provided in User Content in order to facilitate its public sharing and use. We may also contribute such content to third party services, such as, but not limited to, LongTrailsWiki and OpenStreetMap. Examples of licenses we may use for data contributed via User Content include, but are not limited to, Creative Commons licenses such as CC0 and CC-BY-SA, and the Open Database License. We may assign a license that contains a 'copyleft' provision.
OLT reserves the right to reject any User Content at its sole discretion.
By offering the Application, OpenLongTrails.org does not represent that it endorses all of the material it contains, or that it believes such to be useful, or accurate, and cannot be held responsible for that content's use or effects. Your use of the Application constitutes recognition that it may contain content that is incorrect, offensive, indecent, or otherwise objectionable. We disclaim any and all responsibility for any harm resulting from the use of content in the Application.
You remain solely responsible for any non-trail data User Content that you submit through the Application. OpenLongTrails.org accepts no responsibility and assumes no liability for any such User Content that you or any other user or third party encounters, posts, or transmits using the Application. You understand that you may be exposed to User Content that is objectionable or erroneous. Always exercise common sense and use caution and good judgment when considering any information or advice offered in User Content.
We do not undertake to review all material before it is posted in the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
If you encounter User Content in the Application which you believe violates any of the descriptions in the Content Standards and Prohibited Conduct section of these Terms, or that you believe is otherwise inappropriate, please report it to us by either using the Feedback button in the Application, or emailing us at support@openlongtrails.org. Please include the name of the Trail, the name of the Waypoint, and a description of the comment. We will review the comment within a reasonable period of time.
You may delete your waypoint comments by using delete functionality within the app, or by sending a request to support@openlongtrails.org. We will respond to such requests in a reasonable period of time. You acknowledge that caching or other technical considerations may prevent the content from immediately being made unavailable to other users. You acknowledge that once your User Content has been submitted to the system, it may be available for access by other users, and any copies made by parties other than OLT may persist despite removal from our systems.
We have the right, but not the obligation, to monitor all conduct on and content submitted to the Application.
You agree that you will not:
Failure to observe these standards may lead to moderation, including but not limited to the steps outlined in the Right to Modify and Remove Content and Terminate Accounts section of these Terms.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email (legal@openlongtrails.org). Upon receipt of a notification, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service.
OpenLongTrails.org reserves the right to update, modify, or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Any functionality added to OLT Grit will also be subject to these Terms.
We reserve the right to solely determine the mechanism(s) by which we provide updates to you regarding revisions to these Terms and any of our other Policies. You agree to receive legal notices electronically.
If a revision to these terms is material, at our sole discretion, we will notify you by email at the email address you provided during account registration.
These Terms may not be modified except by a revised Terms of Service posted by OpenLongTrails on OpenLongTrails.org, or by a written amendment signed by an authorized representative of OLT.
A modification to these Terms, or any other OLT policy, shall take effect as of the date that it is posted to OpenLongTrails.org.
If you do not agree to these terms, or to any revision of these terms, please discontinue use of the Application.
You acknowledge that hiking, backpacking, camping, and other related activities are inherently dangerous, and may involve the risk of personal injury or death. You are responsible for your own safety. By making use of the Application, you acknowledge that you do so entirely at your own risk.
OPENLONGTRAILS.ORG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE APPLICATION IS PROVIDED “AS IS” AND 'AS AVAILABLE,' AND MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION. YOUR ACCESS TO AND USE OF THE APPLICATION AND ANY CONTENT IT MAKES AVAILABLE IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR DAMAGES OR INJURY, DIRECT OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THE APPLICATION, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF ANY THIRD-PARTY'S RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENLONGTRAILS.ORG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR INJURIES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
To the fullest extent permitted by law, in no event shall OpenLongTrails.org be liable with respect to any subject matter of this agreement for any amounts exceeding fees paid by you to OpenLongTrails.org under this agreement during the twelve (12) month period prior to the cause of action.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OpenLongTrails.org, and governS your use of the Application, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona.
The Terms of Service also include our Privacy Policy, which is available in the Application, as well as at grit.openlongtrails.org/about/privacy-policy.html.
We welcome any comments, questions, and communications at support@openlongtrails.org.