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Terms of Service
 

1. ACCEPTANCE OF TERMS

1.1. Abandoned UE (heretofore "AUE"), provides the information and services on AUE directly and via portals and partner sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of AUE constitutes acceptance with such Terms.

1.2. Before using AUE, please carefully read this agreement relating to your use of AUE. By using AUE, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use AUE and shall refrain from accessing AUE.

1.3. AUE reserves the right, at AUE's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, AUE intends to provide users with up to fourteen days of advance notice). Your continued use of AUE following the posting of changes to these Terms will mean that you accept those changes.

1.4. AUE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all AUE (or any part thereof). AUE shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.


2. NO UNLAWFUL OR PROHBIITED USE

2.1. By using AUE, you warrant to AUE that you will not use AUE, or any of the content obtained from AUE, for any purpose save that for Urban Exploration. If you violate any of these Terms, your permission to use AUE automatically and instantly terminates.


3. DESCRIPTION OF SERVICES

3.1. AUE is owned and operated by Archer for the purpose of discussion, implementation and innovation of Urban Exploration (heretofore the "Purpose"). AUE provides news, advice, and education for the Urban Exploration community.


4. REGISTRATION OBLIGATIONS

4.1 When requested, each AUE user must: (1) personally provide true, accurate, current and complete information on AUE's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, AUE has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, AUE may suspend or terminate that user's account and prohibit any and all current or future use of AUE (or any portion thereof) by that user other than as expressly provided herein.

4.2 Each user will receive passwords and account designations upon completing certain AUE registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. AUE cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to immediately notify AUE of any unauthorized use of his or her password or account or any other breach of security.

4.3 AUE handles user Registration Data in accordance with AUE's Privacy Policy.


5. CONTENT

5.1 All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated, on AUE. This means that the user, and not AUE, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via AUE. No user shall transmit Content or otherwise conduct or participate in any activities on AUE that, in the judgement or AUE, is likely to be prohibited by law in an applicable jurisdiction, including but not limited to export control, communication, intellectual property, and decency laws.

5.2 AUE reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to serve the Purpose. In addition, AUE shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. AUE, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by AUE to protect the rights, property, or personal safety of AUE's users and the public. AUE does not control the Content posted to AUE and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will AUE be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of any Content posted, emailed or otherwise transmitted via AUE.

5.3 Each user, by using AUE, may be exposed to Content they find personally offensive or objectionable. Each user shall evaluate and bear all risks associated with use of or exposure to any such content, including but not limited to appropriate local laws and policies.

5.4. Each user shall not post any Content which you know or should reasonable be expected to believe is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexual in nature, threatening, invasive of the privacy of others, or which otherwise violates any applicable law (save unharmful trespass). Violation of this may result in legal actions being taken against you.

5.5 Each user shall not post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also not tolerated on AUE.

5.6 Each user shall not when posting information about an exploration site, post how to get in, or how they got in. Photographs of any entrances shall not be posted, unless the entrance is harmless and obvious, such as a visibly open door or unsecured mine adit.

5.7 AUE is provided free of charge. AUE reserves the right to permanently remove users abusing any part of the Terms from using the service in whole or in part. Attempts by removed parties to circumvent their removal shall be considered unauthorized access to AUE and reported to the offender's internet service provider as a violation of the user's Terms and make every effort to cause the termination and cancellation of the offender's internet account.

5.8 Moderators and Administrators reserve the right to modify or remove any user's Content for any reason at any time without warning, as they deem fit. Moderators and Administrators, however, cannot violate any user's privacy.

5.9 Any form of discrimination against another based on their race, gender, sexual preference, income, country of origin, religion, or anything else along these lines is strictly forbidden. Violators will find their access to AUE removed.


6. NO RESALE OF SERVICE

6.1 You agree not to sell, resell, or offer for any commercial purposes, any portion of AUE, use of AUE, or access to AUE.


7. GENERAL PRACTICES REGARDING USE AND STORAGE

7.1 AUE may establish general practices and limits concerning use of AUE. While AUE will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, AUE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any AUE. AUE reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. AUE reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.


8. TERMINATION

8.1 AUE may terminate a user's account in AUE's absolute discretion and for any reason. AUE is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of AUE in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.

8.2 AUE's termination of any user's access to any or all AUE may be effected without notice and, on such termination, AUE may immediately deactivate or delete user's account and/or bar any further access to such files. AUE shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. AUE reserves the right to delete, or not delete, a user's account at AUE's sole discretion, as well as to delete, or not delete, content at AUE's sole discretion.


9. LINKS

9.1 AUE, any AUE user or a third party may provide links to other websites. AUE exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. AUE shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Each users access and use of linked websites, including information, material, products and services therein, is solely at their own risk.

9.2 The AUE Privacy Policy is applicable only when on AUE. Once a user chooses to link to another website, the user is responsible for reading of that website's privacy statement before disclosing any personal information.


10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

10.1 Entering and exploring any exploration site is an inherently dangerous activity and in doing so each user accepts that:

  • 10.1.1. They shall be responsible for their own actions at all times.
  • 10.1.2. They shall indemnify and hold harmless AUE, its parent corporations and affiliates and their respective officers, employees, and agents, and each of AUE's website partners, from any and all claims, demands, damages, costs, fees, liabilities, and losses, made by any third party due to or arising out of acts or omissions including but not limited to accident, death, legal proceedings, or damage to property, however caused, arising from the contribution, transmission, or use of information on AUE.
  • 10.1.3. Inclusion of information relating to any location on AUE does not imply or endorse that the location is legal to access, or is safe to access.
  • 10.1.4. Information contained on AUE is not necessarily complete or accurate.

10.2. EACH USER'S USE OF AUE IS AT HIS OR HER SOLE RISK. AUE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND AUE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. AUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, AUE MAKES NO WARRANTY THAT (i) AUE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF AUE'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AUE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY AUE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AUE; OR ANY OTHER MATTER RELATING TO AUE. IN NO EVENT SHALL AUE'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $20.00 USD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN AUE AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, AUE DOES NOT AND CANNOT CONTROL THE ACTIONS OF AUE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO AUE. OPERATION OF AUE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY AUE.


11. GENERAL INFORMATION

11.1 The Terms constitute the entire agreement between each user and AUE and govern each user's use of AUE, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and AUE shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.


12. VIOLATIONS

12.1 Please report any violations of the Terms via the Administrative Contact.

 
 
 
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