1. General Terms
This website and related URLS (collectively, the “Sites”) are operated and maintained by VIRTUAL TRAILS, INC. All use of the Sites, and any and all transactions or communications through the Sites by you (the “Traveler”) are governed by and subject to the terms listed herein.
These Terms and Conditions of Use include VIRTUAL TRAILS, INC.’S policy for acceptable use of the Sites and any content posted on the Sites, your rights, obligations and restrictions regarding your use of the Sites and VIRTUAL TRAIL, INC.’S Privacy Policy.
These Terms and Conditions of Use set forth the legally binding terms for your use of the Sites. By using the Sites, you agree to be bound by these terms and conditions, whether you are simply browsing the Sites or you have staked a virtual claim to a portion of the historical trail. Please read this Agreement carefully and save it. If you do not agree with it, you should leave and discontinue use of the Sites immediately.
The Company may at its discretion change these Terms and Conditions of Use from time to time, without notice, so it is important that you periodically review the same from time to time. Any such modifications shall be effective upon posting by VIRTUAL TRAILS, INC. on the Sites.
All access rights granted to you are non-transferable without the express written permission of VIRTUAL TRAILS, INC. Any non-human visitors to the Sites will be considered agents of the individual(s) who authors, controls, or otherwise makes use of them.
2. Services and/or Product Descriptions
VIRTUAL TRAILS, INC. and its affiliates strive to be as accurate as possible in the descriptions of its services and products. However, VIRTUAL TRAILS, INC. does not warrant that services and/or product descriptions or other content of their site is error-free, complete, reliable, accurate, or current. If a Traveler does not find a product or service offered through VIRTUAL TRAILS Website as described, their only recourse is to terminate his or her Account/License.
A. Virtual Claims
Travelers acknowledge and agree that all claims made on the Sites are virtual only and do not represent a claim or title to ownership of any physical public or private real property or geographic location. Claims are made to a virtual segment of a virtual trail established by VIRTUAL TRAILS, INC. Staking a claim does not entitle Travelers to rights, title, ownership, or access to any public or privately owned real property. Virtual claims with VIRTUAL TRAILS, INC are not officially registered with any government agency or trail association. All claims are registered at time of purchase and recorded virtually on the VIRTUAL TRAILS database only.
B. Virtual Claim Markers
Travelers further acknowledge and agree that staking a claim via VIRTUAL TRAILS, INC. is synonymous with placing a virtual historic marker on a virtual trail. No tangible marker will be placed on any physical public or private real property, and Traveler agrees not to do so. VIRTUAL TRAILS, INC. provides trail information for the benefit of all people and is committed to the preservation and protection of all historic locations worldwide.
C. Virtual Claim Content
Claims purchased will be registered with VIRTUAL TRAILS, INC. Any unique content furnished by travelers with said claim or Virtual Museum exhibit will remain in the Virtual Trails database and may be shared with other Travelers. Traveler will not claim or enforce copyrights for any uploaded material. Traveler acknowledges and agrees that a claim does not entitle him/her to any ownership in the Sites.
D. Protect and Preserve
Traveler understands and acknowledges that the historic trail belongs to all the citizens of the United States and the world, and therefore agrees to do his/her part to preserve, protect and honor that heritage.
3. Non-commercial Use
The Sites are for the educational and historical use only and may not be used by Travelers in connection with any commercial endeavors except those that are specifically endorsed or approved by VIRTUAL TRAILS, INC. Illegal and/or unauthorized use by Travelers of the Sites, including collecting usernames and/or e-mail addresses by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Sites is prohibited. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Traveler claims and privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Sites.
4. Intellectual Property Rights
Trademark
The service mark “VIRTUAL TRAILS”, logos, fonts, page headers, button icons, scripts, and service names, and other marks indicated or viewable through VIRTUAL TRAILS Sites are trademarks of VIRTUAL TRAILS, INC. or its affiliates, in the United States and other countries (“VIRTUAL TRAILS, INC. TRADEMARKS”)
Content
The Sites contain text, graphics, logos, button icons, software, data compilations files, images, photos, video, sounds, musical works, works of authorship, and other materials (collectively, "Content") created, developed or otherwise derived by VIRTUAL TRAILS, INC or its content suppliers, The Content, including any compilations of the same, is protected by copyright, trade secret and other laws, and VIRTUAL TRAILS, INC. or its content suppliers, respectively, own and retain all rights in the Content and the Sites. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site. I acknowledge and agree that the historic trails mapped by Virtual Trails are imperfect rather than precise representations of the corridors or pathways taken by early travelers. Best efforts have been made to portray, as accurately as possible, the trails and the history surrounding them; however, research is pulled compiled from many sources, and sometimes those sources are not in complete agreement. While historical accuracy is maintained as far as possible, VIRTUAL TRAILS, INC. does not and cannot guarantee any specified level of accuracy of any historical depictions or other information. Locations of a sensitive nature or of great archeological importance may be mis-registered as to protect, conserve, and preserve the location.
Submissions by Travelers
By displaying or publishing ("posting") any text, graphics, files, images, photos, video, sounds, and other materials (“Submission”) on or through the Sites, you hereby grant to VIRTUAL TRAILS, INC. and its affiliates and subcontractors a perpetual, worldwide, royalty-free and fully paid license to use, modify, publicly perform, publicly display, reproduce, and distribute any such Submission on and through the Site, for any purpose without restriction or compensation. The Sites are designed to educate and promulgate historic, geographic, cultural, and genealogical information. The highest standards of decency are required to insure that the information is suitable for people of all ages. Additionally image and audio files must be of sufficient resolution and quality to be easily understood. VIRTUAL TRAILS, INC retains all rights to refuse to publish or post Submissions and retain payment to cover costs of reviewing it. Traveler is and shall remain solely responsible for all Submissions, including, without limitation, any content or materials of a third party that Traveler permits or enables to be posted onto or through the Sites. Traveler shall not knowingly or unknowingly publish or submit for publication onto or through the Sites any of the following material (including pictures, links, or any other content): (a) any material which violates, misappropriates or infringes any copyright, trademark, trade secret, or patent, or any other statutory, common law or other proprietary rights or any other personal, privacy or moral right arising under the laws of any jurisdiction of any person or entity; (b) any material that is libelous, defamatory or slanderous; (c) any material which is or contains anything obscene or pornographic; (d) any material that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (e) any material which harasses or advocates harassment of another person; (f) distribution lists to be used for unsolicited electronic mail or other mass electronic mailings including but not limited to mass-newsgroup postings and SPAM; (g) any material, virus, trap doors, hidden sequences, hot keys, time bombs, trojan horse or other program which is designed to or may damage, destroy or harm in any way hardware and/or software of the computer and electronic operating systems of Virtual Trails, Inc. or any third party; or (h) any other objectionable or illegal material, in any form or format. Virtual Trails, Inc. has absolute discretion in determining what constitutes unacceptable material or content. Publication of any Submissions does not create any express or implied approval by Virtual Trails, Inc. of such Submissions, nor does it indicate that such Submissions complies with these Terms and Conditions of Use. Traveler agrees to hold harmless, protect, defend, and indemnify VIRTUAL TRAILS, INC. and its officers, directors, parent, affiliates, attorneys, and employees, harmless from and against any and all liabilities, claims, costs and expenses, actual or alleged arising out of any claim for unfair competition, dilution, infringement, or any other claim relating to any such Submission.
5. License and Site Access
Travelers are granted a limited, non-exclusive license to access and make personal use of the Sites and not to download (other than page caching) or make modifications to them, or any portion of them, except with prior express written permission of VIRTUAL TRAILS, INC. This license does not include: any derivative use of the Sites or their contents; any use of data mining, robots, or similar data gathering and extraction tools; any collection and use of any product listings, descriptions, or prices; any downloading or copying of user account data for the benefit of another business. The license does not include any resale or commercial use of the Sites, or their contents. Travelers may not frame or utilize framing techniques to enclose any logo, trademark, or other proprietary information (including page layout, form, images, or text) of VIRTUAL TRAILS, INC. or its affiliates without prior express written permission. Use of meta tags or any other hidden text utilizing VIRTUAL TRAILS, INC’s. name or the VIRTUAL TRAILS, INC. TRADEMARKS without the prior express written permission of VIRTUAL TRAILS, INC. In addition to all other rights or remedies available to VIRTUAL TRAILS, INC. or its affiliates, any unauthorized use terminates the claim, license or permission granted by VIRTUAL TRAILS INC. Travelers may not use any VIRTUAL TRAILS, INC. TRADEMARK as part of a link without VIRTUAL TRAIL, INC.’S prior express written permission.
6. Restrictions on Liability
VIRTUAL TRAILS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES DIRECTLY OR INDIRECTLY ARISING OR RESULTING FROM OR IN CONNECTION WITH THE SITES OR USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL, THE LOSS OF USE OR DATA, OR OTHER SIMILAR LOSSES, EVEN IF VIRTUAL TRAILS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, The above limitation may not apply as to those jurisdictions that prohibit the limitation or exclusion of liability for incidental or consequential damages.
7. Disclaimers
THE SITES AND CONTENT ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND "WHEN AVAILABLE." VIRTUAL TRAILS, INC., ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VIRTUAL TRAILS, INC. takes no responsibility for third party advertisements which are posted on Sites, nor does it take any responsibility for the goods or services provided by the same. VIRTUAL TRAILS, INC. is not responsible for the conduct, whether online or offline, of any Traveler. VIRTUAL TRAILS, INC. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Traveler communication. VIRTUAL TRAILS, INC. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on the Sites or combination thereof, including any injury or damage to Travelers or to any person's computer related to or resulting from participation or downloading materials in connection with the Sites.
Traveler understands, acknowledges and agrees that he/she is assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Sites.
8. Links to Other Sites
Clicking on certain links contained on the Sites may take you to other websites which are not maintained or established by VIRTUAL TRAILS, INC. Use of such links does not indicate and endorsement of those sites, and VIRTUAL TRAILS, INC. is not responsible and disclaims any liability for the content of any such other sites, or the accuracy or opinions expressed on such sites, and such sites are in no way investigated, monitored or checked for accuracy or completeness by VIRTUAL TRAILS, INC. When you access these third-party sites, you do so at your own risk.
9. Privacy Policy
Use of the Sites is also governed by our Privacy Policy, which is incorporated herein by this reference.
10. Miscellaneous
These Terms and Conditions of Use, together with our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and VIRTUAL TRAILS, INC. and supersedes any and all prior or inconsistent understandings relating to VIRTUAL TRAILS, INC. and your use of the Sites. These Terms and Conditions of Use cannot be changed or terminated orally. If any provision of these Terms and Conditions of Use is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms and Conditions of Use will be deemed amended to the extent necessary to make it legal, valid and enforceable.
These Terms and Conditions of Use and your use of the Sites are governed by, construed and enforced in accordance with the laws of the State of Michigan (notwithstanding the State's conflict of laws provisions).
