Newark Walks Terms & Conditions

Introduction.

These Terms of Use contained herein on this webpage, shall govern your use of this mobile application, including all pages within this mobile application (collectively referred to herein below as this “application”). These Terms apply in full force and effect to your use of this application and by using this application, you expressly accept all terms and conditions contained herein in full. Please read the Terms carefully before using the Newark Walks app, as this a legally binding contract between you the Greater Newark Convention & Visitors Bureau (hereafter referred to as “GNCVB”). Your access and use of the services contained within (regardless of whether you create an account with us), constitutes your agreement to these Terms and our Privacy Policy, which is incorporated into the Terms. Stated alternatively, if you disagree with any part of the Terms, then you are not permitted to use our services or application.

This application is not for use by those under 13 years of age, and you must not use this application if you are under 13 years of age and must not provide any Personal Data to the GNCVB, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

Intellectual Property Rights.

Under these Terms, the GNCVB and/or its licensors own all rights to the intellectual property and material contained in this application, and all such rights are reserved. By downloading and using this product you are giving consent to the GNCVB to use “your content” as defined below, generated as a result of using the application

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this application.

Restrictions.

You are expressly and emphatically restricted from all of the following:

1. publishing any application material in any media;
2. selling, sublicensing and/or otherwise commercializing any application material;
3. publicly performing and/or showing any application material;
4. using this application in any way that is, or may be, damaging to this application;
5. using this application in any way that impacts user access to this application;

6. using this application contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the application, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this application, or while using this application;
8. using this application to engage in any advertising or marketing;

Certain areas of this application are restricted from access by you and CVB may further restrict access by you to any areas of this application, at any time, in its sole and absolute discretion. Any user ID and password you may have for this application are confidential and you must maintain confidentiality of such information.

9. Using the Newark Happening, GNCVB, Newark Walks brand without written consent from the GNCVB.
    

Content.

(a) Definitions

Content is the stuff that shows up on your display when you use our Services.

For purposes of these Terms, (i) the term “Content” means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, “likes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-data, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) the term “User-Generated Content” means any Content that an participant (that includes you!) submits, transfers, or otherwise provides to or through the use of the Services. Content includes, without limitation, all User-Generated Content; and (iii) the term “GNCVB Content” means all Content that is not User-Generated Content.

(b) Ownership

You own the Content that you create, and we own the Content that we create. Please don’t post other people’s work without permission.

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services and GNCVB Content belong to the GNCVB and/or its partners or applicable third parties. Each participant retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that they create, and the GNCVB and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all GNCVB Content. Except as expressly provided in the Terms, nothing in the Terms grants you a right or license to use any GNCVB Content, including any content owned or controlled by any of our partners or other third parties. UGC must be your own and must not be infringing on any third party’s rights. The GNCVB reserves the right to remove any UGC Content from this application at any time, and for any reason, without notice.

Linking to the Services.

If you would like to link to our Services on your website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “Newark Walks” (without the use of any other trademark, logo copyright or any other intellectual property assets, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Newark Walks or the GNCVB, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) the GNCVB reserves the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent.

Community Guidelines: Be reasonable and act responsibly and do not engage in any of the following;

Confusion or Impersonation. Do not impersonate any person or entity, and/or falsely claim an affiliation with any person or entity.

Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources.

Automated Querying. Do not send automated queries of any sort to the systems and networks we use to provide the Services without our express written permission. “Sending automated queries” includes but is not limited to:

• using any software that sends automated queries to the systems and networks we use to provide the Services that seek bulk data, or determine where people are on the walk;
• “meta-searching” the Services and the systems and networks we use to provide the Services; and
• performing “offline” searches relative to the Services.

Unlawful Uses. You may only use the GNCVB Content and Services for legally permitted purposes. You may not use the Services or any GNCVB Content or other information displayed on or made available by the services to stalk,harass, abuse, defame or defraud others.

(d) Your License to Us

When you post content in connection with the Services, it still belongs to you – however, you’re giving us permission to use that content in certain ways in connection with our Services and make the content available to others. We can edit or remove your content from our products and services at any time for any reason.

When you provide User-Generated Content to the GNCVB through the Services, you grant the GNCVB and our partners a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) the GNCVB has no obligation to provide you with any credit when using your User-Generated Content, but if the GNCVB chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

5. Services

We may also from time to time, as we see fit, develop and provide updates for certain Services. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.

We reserve the right to refuse service to anyone, and can monitor, terminate or suspend our Services or your account at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including paid tours), as well as any participants use of or access to Location Data (as that term is defined in our Privacy Policy), Personal Data.

By downloading this app you agree to periodic email communications and special promotions.

You can opt out of receiving these promotional messages at any time by following the unsubscribe instructions contained in the message footer, or changing the email preferences in your account.

Content Guidelines:

• No Explicit Content. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or promoting sexually explicit material.
• No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).
• No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.
• No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).
• No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.
• No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other athlete, moderator or administrator.
• No Breach of Legal Duty. Don’t post Content that is in breach of any contractual or other legal duty owed to a third party.
• No Deceptive or Fraudulent Links. Don't post deceptive or fraudulent links. This includes giving links misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
• No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else's proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it.
• No Impersonating the GNCVB or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including the GNCVB.

Physical Activity

It’s important to us that participants stay healthy while on the walk. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only, and can’t be held liable if you get injured, suffer from heat stroke or something goes wrong. Please use good judgment, check the weather forecast. if you are feeling unwell seek professional medical advice.

(a) Safety First

The GNCVB cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or as a fitness program.

No warranties.

This application is provided “as is,” with all faults, and GNCVB makes no express or implied, oral or written, statutory or otherwise, representations or warranties of any kind related to this application or the materials contained on this application. Additionally, nothing contained on this application shall be construed as providing consult or advice to you. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS.  Further, participation in Quiz component of this application offers no guarantee of prize. Prizes awarded have no cash value, and may not be exchanged or redeemed for cash. Prizes are subject to availability and may be substituted at any time.  

Limitation of liability.

In no event shall GNCVB, nor any of its officers, directors, employees, and partners be held liable for anything arising out of or in any way connected with your use of this application, whether such liability is under contract, tort or otherwise, and GNCVB, including its officers, directors, employees and partners shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this application.

• The GNCVB, including its officers, directors, employees and partners will not be held liable for trespassing, damage, or malicious acts brought about by any person using the app whether on or off the official route.
   

Indemnification.

If we are sued because of your access or use of the Services, you have to pay our costs. All disputes should first be addressed through arbitration to find and amiable outcome.

You hereby indemnify to the fullest extent CVB from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms. (this only covers breach of terms? What happens if someone sues us because acute planter fasciitis when they find out that this connected to Prudential? Not sure that this language is strong enough)

Arbitration:

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

• the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
• the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and

any judgment on the award rendered by the arbitrator may be entered in any

Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms.

GNCVB is permitted to revise these Terms at any time as it sees fit, and by using this application you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this application.

Assignment.

GNCVB shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this application, constitute the entire agreement between GNCVB and you in relation to your use of this application, and supersede all prior agreements and understandings with respect to the same.

CONTRACT TERMS:  From what little training I’ve had in legal documents…I think we need a clause defining the term of contract. It could be as simple as …This contract shall be held valid in perpetuity or as long as Newark Walks app exists. Not sure of the language but a contract needs a time frame.