THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING CONTRACT BETWEEN DEMAND MEDIA, INC. ("THEBACKPACKER.COM" or "we") AND YOU ("you"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE THEBACKPACKER.COM WEBSITE (the "Site") OR ANY SOFTWARE, GAMES, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE "SERVICE"). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
Description of Service. TheBackpacker.com is a popular online destination for wilderness backpackers and hikers. The site includes backpacking gear reviews, hiking trail reviews, hiking tips, a message board and more.
Age Requirement. You must be at least 14 years old to use the Service.
MODIFICATIONS TO TERMS
Procedure. At any time TheBackpacker.com may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site and sending you an email to your TheBackpacker.com email account or to the non-TheBackpacker.com email address that we have on record for you. Your continued use of the Service 30 days after our notice to you of a change in the Agreement will mean that you have agreed to be bound by the amended Agreement.
Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with TheBackpacker.com at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty days.
MODIFICATIONS TO SERVICE
We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect TheBackpacker.com's license to your Content as stated in Section 5 below.
POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
Content Protected by Intellectual Property Rights. Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content") is protected by the intellectual property rights of TheBackpacker.com or its licensors.
Your Warranties Regarding Your Content. By displaying or publishing ("posting") any Content on the Service, you warrant and represent that:
you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to TheBackpacker.com the rights described in these Terms;
you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to TheBackpacker.com described in these Terms; and
your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
Establishing an Account to Post Content. To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the "Account"). You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate current and complete information to TheBackpacker.com for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. TheBackpacker.com is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.
Your License to TheBackpacker.com.
Subject to Section 5.2(b), you hereby grant TheBackpacker.com a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of the Content, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service (collectively, "Interactive Content"),you hereby grant TheBackpacker.com an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of the Content, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
Your Right to Terminate the License. With the exception of Interactive Content, you may remove or modify Content that you post on the Site. If, prior to such removal or modification, TheBackpacker.com has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then TheBackpacker.com has a limited right to continue to distribute those materials. If you want TheBackpacker.com to stop distributing the materials, simply send us written notice to stop distributing such materials, in which event we will stop distributing the materials within 30 days. Your notice must be signed by you, include your telephone number and email address, and be sent by first class mail, postage prepaid, to Hillclimb Media, 15801 NE 24th Street, Bellevue, WA 98008, Attn: Copyright Agent. In addition, the notice must clearly identify the Content at issue, describe the specific use of the Content you wish to end, and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 30 day period for TheBackpacker.com to stop distributing your Content begins only once TheBackpacker.com has received a notice complying with the requirements of this Section 5.3.
User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to TheBackpacker.com through our Contact Us web page, you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; (b) if we so choose, TheBackpacker.com may use and disclose your Submissions in any way; and (c) TheBackpacker.com has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
PROHIBITED CONTENT
You must not post to the Service any Content that, as reasonably determined by TheBackpacker.com, is or appears to be:
untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
unsolicited, undisclosed or unauthorized advertising;
software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
