Last updated: March 26, 2018
- Section 1: General Terms
- Section 2: Membership Guidelines
- Section 3: Disclaimer for Event Participants
Please read these Terms of Service ("Terms") and Membership Guidelines ("Guidelines") carefully. They contain the legal terms and conditions that govern your membership as well as the use of services, including information, text, images, graphics, data or other materials ("Content") and any other products and services provided through this website. This website is owned and operated by Urban Explorers of Atlanta, LLC ("UXATL"). Urban Explorers of Atlanta is also referred to in these Terms as "we", "our", and "us". The term "Service" below refers to your membership and the UXATL website.
By using this website and/or becoming a member of UXATL, you agree to be bound by the Terms and Conditions set forth below. This includes:
- Sections I , "General Terms;"
- Section II, "Membership Guidelines;"
- Section III , "Disclaimer for Event Participants."
Section I: General Terms
This Service is provided by Urban Explorers of Atlanta on an "AS IS" and "AS AVAILABLE" basis and Urban Explorers of Atlanta reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Urban Explorers of Atlanta is and will not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service which identify Urban Explorers of Atlanta or third parties and their products and services are proprietary marks of Urban Explorers of Atlanta and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Urban Explorers of Atlanta or any third party with respect to any such image, logo or name.
Urban Explorers of Atlanta is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Urban Explorers of Atlanta are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Urban Explorers of Atlanta or the appropriate owner of copyright in such works. Urban Explorers of Atlanta does not claim ownership rights in your works or other materials posted by you to Urban Explorers of Atlanta (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
5. Reporting Copyright Violations
Urban Explorers of Atlanta respects the intellectual property rights of others and expects users of the Service to do the same. At Urban Explorers of Atlanta's discretion and in appropriate circumstances, Urban Explorers of Atlanta may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Urban Explorers of Atlanta’s community manager for notice of claims of copyright infringement to firstname.lastname@example.org
. You must provide us with the following information, which Urban Explorers of Atlanta may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. External Links
Urban Explorers of Atlanta may provide links to third-party websites or resources. You acknowledge and agree that Urban Explorers of Atlanta is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Urban Explorers of Atlanta of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Urban Explorers of Atlanta be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Urban Explorers of Atlanta that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Urban Explorers of Atlanta does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Urban Explorers of Atlanta, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
URBAN EXPLORERS OF ATLANTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. URBAN EXPLORERS OF ATLANTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. URBAN EXPLORERS OF ATLANTA MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT URBAN EXPLORERS OF ATLANTA IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, URBAN EXPLORERS OF ATLANTA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF URBAN EXPLORERS OF ATLANTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL URBAN EXPLORERS OF ATLANTA'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO URBAN EXPLORERS OF ATLANTA PURSUANT TO THIS AGREEMENT.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Urban Explorers of Atlanta for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between Urban Explorers of Atlanta and you with respect to your use of the Service. Urban Explorers of Atlanta's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Urban Explorers of Atlanta shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Urban Explorers of Atlanta. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Georgia.
Section II: Membership Guidelines
Urban Explorers of Atlanta is a membership-based social club. There are several membership levels to choose from, each having its own set of features and benefits. Membership dues are based upon the level selected. Payment plans vary and may include complimentary memberships, one-time paid memberships, renewable paid memberships and donations-in-lieu-of-dues memberships. Regardless of the level and payment plan selected membership dues are not refundable. If, for any reason, you are dissatisfied with any aspect of your membership you should contact the community manager immediately to discuss your concerns. Upon review, the community manager may, at his or her discretion, extend and/or upgrade your membership. Our goal is to provide all members with an excellent experience so that you will be an advocate for the club.
To register as a member of the Club or purchase products, you must be 21 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Urban Explorers of Atlanta of any unauthorized use of your password.
15. Submitting Content
Blogs and Discussion Forums - As a registered member of the Service, you will be granted the privilege of participating in blogs and discussion forums on the Urban Explorers of Atlanta website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Urban Explorers of Atlanta website, subject to your compliance with the Terms.
Photos - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Photos," for display on your user page. Prior to submitting Photos, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.
16. Copyright in Your Content
Urban Explorers of Atlanta does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Urban Explorers of Atlanta a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Urban Explorers of Atlanta any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
17. Monitoring Content
Urban Explorers of Atlanta has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
18. Storage Policy
At this time, Urban Explorers of Atlanta provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Urban Explorers of Atlanta may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Urban Explorers of Atlanta's servers. Furthermore, you acknowledge that Urban Explorers of Atlanta reserves the right to terminate or suspend accounts that are inactive, in Urban Explorers of Atlanta's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Urban Explorers of Atlanta shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Urban Explorers of Atlanta reserves the right to modify its storage policies from time to time, with or without notice to you.
You agree to be subject to and to conduct yourself in accordance with the Urban Explorers of Atlanta Etiquette Policy stated below.
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Service:
20. Etiquette Policy
- for any unlawful purposes;
- to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Urban Explorers of Atlanta or to facilitate the unlawful distribution of copyrighted content or illegal content;
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 21;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- to upload, post, or otherwise transmit any material which is likely to cause harm to Urban Explorers of Atlanta or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purpose, except as expressly permitted under these Terms;
- to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Urban Explorers of Atlanta by hyperlink and not to compete with Urban Explorers of Atlanta.
As it relates to all club activities and use of the UXATL website, all members are expected to conduct themselves in a professional and respectful manner. Listed below are specific behaviors that will result in the immediate suspension or revocation of a member's privileges if they occur at club functions or on the member website:
- Aggressive or hostile behavior in the presence of other members (physical or verbal)
- Use of profanity in a way that is offensive to other members (excessive or repeated)
- Use of language that is defamatory or otherwise hurtful to other members
- Use of language that is offensive or hurtful toward other individuals or groups including ethnic, race, religion, political affiliation and/or sexual orientation
- Use of sexual innuendos or inappropriate language that makes other members feel uncomfortable
- Behavior that constitutes or may be construed as sexual harassment
- Solicitation of members for non-club business or other non-club related matters. This includes overt business "networking" at club functions.
- Sharing or use of member data (contact information, etc.) for any purpose other than club activities.
Members are encouraged to report any conduct they feel is inappropriate to the club's manager immediately. All reports will be taken seriously and investigated. Members whose memberships are suspended or revoked due to inappropriate conduct may be given a pro-rated refund depending on the nature and timing if the situation.
21. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Urban Explorers of Atlanta. No commercial activities are permitted on or through the Service without Urban Explorers of Atlanta's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
As a registered member of the Service, you will also be able to participate as an administrator or member of a "Group" which is a set of user pages and applications formed for the purpose of collecting content, discussions and organizing members of the site with common interests.
- You agree to participate in a Group on the basis of its own rules consistent with these Terms of Service, the conduct set out in paragraph 19, above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities.
- As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group applications provided by us or over the right to conduct the activities of the Group.
- Any Content or Member Materials submitted to a Group remain, as between the Group and the user submitting such content, the property of the person who submitted the content.
- Groups are managed by registered members of the Service and not by us. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or society of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies.
- Groups may not be used to collect personal data about participants in Groups without the participant's express permission.
- The Group application permits us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service or of any other of our policies. We can remove a Group and the Group's privileges at any time at our discretion.
23. Suspension and Termination of Access and Membership
You agree that Urban Explorers of Atlanta may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Urban Explorers of Atlanta Site, in Urban Explorers of Atlanta's sole discretion, if you fail to comply with the Terms or applicable law.
24. Purchases from the Urban Explorers of Atlanta Online Store
From time to time, Urban Explorers of Atlanta may make certain products or services available for purchase through the Urban Explorers of Atlanta Online Store. For example, you may have the opportunity to purchase certain merchandise such as caps, t-shirts and coffee mugs.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH THE URBAN EXPLORERS OF ATLANTA SHOP IS PROVIDED ON AN "AS IS" BASIS. URBAN EXPLORERS OF ATLANTA'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE URBAN EXPLORERS OF ATLANTA SHOP SHALL BE FOR URBAN EXPLORERS OF ATLANTA TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEDING PARAGRAPH.
25. Attendance Requirements
One of the main benefits of joining Urban Explorers of Atlanta is having access to an active events calendar. Another is having access to a members-only website. All members who joined on or after July 15, 2015 must attend at least TWO event per year (as measured by their anniversary date as a member) in order to maintain their membership. Failure to meet this attendance requirement MAY result in temporary suspension of membership. Members may be exempt from this requirement for medical and other valid reason. If you have any questions about this provision, or you would like to discuss your particular situation. please contact the community manager.
26. Inactive Memberships
Effective June 1, 2016 inactive memberships will be archived. Inactivity is defined as not attending any events and not logging into the member website for a period of six-months. Archived membership profiles may be reactivated at anytime at the request of the inactive member. To reactivate an archived membership, please contact the community manager.
Section III: Disclaimer for Event Participants
To participate in any of our tours or events, you must agree to all of the following:
I understand that event registration fees are NON-REFUNDABLE.
I understand that if I cancel AT LEAST 72 HOURS before this event I will receive an event credit equal to my registration fee any less processing fees that I can apply to a future event within one calendar year.
I understand that if I cancel less than 72 hours before or no-show for this event I will forfeit my entire registration fee.
NOTE: If an event is cancelled due to weather or circumstances beyond your control, you will receive a full event credit equal to the registration fee you paid less any processing fees. Event credits can be applied to future events for up to one year.
Unless otherwise noted in the event description, there are no exceptions to this policy.
WAIVER & RELEASE OF LIABILITY
BY registering for any tour / evemt, I agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Urban Explorers of Atlanta / ExploreATL Tours, its officers, agents, representatives, employees or tour guides [hereafter referred to as “Staff”] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in a tour or event offered by Urban Explorers of Atlanta / ExploreATL Tours due to any cause whatsoever, including without limitation, negligence on the part of Urban Explorers of Atlanta / ExploreATL Tours, its Staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
I am aware that the tours and events offered, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed tour / event and the possibility of personal injury, death or property damage or loss resulting there from. I agree that if I suffer injury or illness Urban Explorers of Atlanta / ExploreATL Tours or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. Further, I agree at all times during the tour, to abide by and comply with any additional instructions given by my tour guide or any other Staff and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the tour.
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Urban Explorers of Atlanta / ExploreATL Tours or its Staff or any other inducement or coercion to go on the tour. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this walking tour or event and Wavier and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors.
I agree to grant Urban Explorers of Atlanta / ExploreATL Tours a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes.
As a participant on the tour or event, I accept full responsibility for my behavior, wellbeing, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: walking and bike riding for a longer period than I am used to. I further realize that the tour may involve walking through unfamiliar, narrow, unpaved and/or steep paths, roads, stairways and driveways. I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, wellbeing and health during the tour or event. I agree to hold neither Urban Explorers of Atlanta / ExploreATL Tours, nor its Staff, or facility liable in any way should any harm come to me.
As a participant, I understand that the tour guide or other Staff of Urban Explorers of Atlanta / ExploreATL Tours may, at its sole discretion, ask me to leave the tour / event for any behavior on my part they feel is inappropriate and/or harmful or offensive to other guests. These include, but are not limited to use of offensive language, aggressive behavior, intoxication or failure to comply with tour guide instructions. If asked to leave the tour / event, I agree to do so immediately and without incident.
By registering for this event, I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.
If you have any questions or concerns about this document or your responsibilities as a tour participant, please contact:
Urban Explorers of Atlanta, LLC
245 N Highland Ave NE
Atlanta, GA 30307-1909
678.636.9310 | support@UXATL.com