Terms of Use - Dec 2 2020

Terms of Use

Welcome to Outlandish!


These Terms of Use (“Terms”) govern your rights and obligations regarding the use of the Outlandish Software (“Software”) and service (both collectively referred to as the “Service”, or “Outlandish") on the Internet or in cellular media. These Terms constitute a fully binding agreement between Get Outlandish, LLC (including its affiliates and subsidiaries, “Get Outlandish” or “We”) the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.


By using the Service, you signify your assent to these Terms;

  1. Privacy Policy (“Privacy Policy”); and

  2. Copyright Policy (“Copyright Policy”) all of which are an integral part of these Terms.


The Service is not intended for and is not designed to attract children under 16 years of age. If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service. BY CONTINUING TO USE THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.


KEY POINTS

The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Get Outlandish.


EXPORT CONTROL

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


LIMITATION OF LIABILITY AND WARRANTY

Get Outlandish PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.


Additionally and without derogating from the above clause, Get Outlandish disclaims any warranties relating to the accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in or by the Service. For instance, roads may be blocked in locations depicted by the Service as unblocked; existing roads may be missing from the map; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.


THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (POSTED SIGNS, POLICE PERSON, PARK STAFF, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.


Get Outlandish exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Get Outlandish’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Get Outlandish or any of its providers.


Get Outlandish, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.


LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

The Service may include commercial information or advertisements (for example, posts indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Get Outlandish may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Get Outlandish cannot and does not guarantee the reliability or accuracy of third party Ads. Get Outlandish does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Get Outlandish will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.


It is underscored that the advertising of commercial content by Get Outlandish does not constitute a recommendation or encouragement to procure the goods or services advertised.


Insofar as the Software includes links to services or applications not operated or managed by Get Outlandish, Get Outlandish will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by

them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Get Outlandish will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.


YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.


BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless Get Outlandish and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of- charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Get Outlandish, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.


PRIVACY

Get Outlandish respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.


MODIFICATIONS TO THE SERVICE AND SOFTWARE

Get Outlandish may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Get Outlandish for applying such changes or for failures incidental to such changes.


TERMINATION OF SERVICE

Get Outlandish may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.


MODIFICATIONS OF THESE TERMS

Get Outlandish may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the State of California, without regard to its conflict of law provisions. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the Santa Clara, California.


ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of Get Outlandish. Get Outlandish may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Get Outlandish’s obligations to you under these Terms.


COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Get Outlandish concerning the Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.


NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Service, its contents, maps and any other data.


CONTACT US

You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the “Contact” page. We will make our best efforts to address your inquiry promptly.


Last modified: December 23, 2024 Outlandish – Make Adventure Happen.


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