Terms of Service for Ramblr


Introduction

Welcome to Ramblr Service (the "service").
This service is owned and operated by Bientus, Inc. which is located in Washington stste, US. By visiting our service and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').

This agreement is in effect as of Mar 15, 2012.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this service after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our service and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our service, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our service, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i) Is illegal, threatening, defamatory, obscene, nudity, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii) Contains any type of unauthorized or unsolicited advertising;

iv) Impersonates any person or entity, including any www.ramblr.com employees or representatives.

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our service. However, any content posted by you using any open communication tools on our service, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Bientus, Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

i. You agree to indemnify and hold harmless Bientus, Inc. and its parent company and affiliates, the service, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Eligibility

You must be thirteen years of age or older to register as a member of Ramblr service, and by registering you represent and warrant that you are at least 13 years of age.

Limitation of Warranties

By using our service, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.

ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Bientus, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Although Bientus, Inc. and the service will make reasonable efforts to store and preserve the material residing on the service, neither Bientus, Inc. nor the service is responsible or liable in any way for the failure to store, preserve or access user content or other materials you transmit or archive on the service. You are strongly urged to make measures to preserve copies of any data, material, content or information you post or upload on the service. You are solely responsible for creating back-ups of your user content.

Copyrights/Trademarks

All content and materials available on www.ramblr.com, including but not limited to text, graphics, service name, code, images, gpx, and logos are the intellectual property of Bientus, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this service is strictly prohibited, unless specifically authorized by Bientus, Inc.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our service and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This service is controlled by Bientus, Inc. It can be accessed by most countries around the world. By accessing our service, you agree that the statutes and laws of Washington state, US, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this service and the purchase of any products or services through this service.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, BIENTUS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at support@ramblr.com.
 
 
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Select the correct timezone for automatic geotagging. Why do you need this?
Ramblr offers automatic geotagging (the tagging of your photo to the trackpoint where you took it) for all photos you upload for your trip. We do this by matching the timestamp from your photo with the timestamps of your trackpoints in your track. To use this automatic geotagging feature, your camera must set to the correct local time. Also, you need to select the corresponding timezone and daylight savings option on ramblr when you upload your photos. Please note that some photo editing programs cause timestamps to change. If your photos don’t have correct timestamps for any reason, ignore the timezone setting and proceed to the next step by clicking “Confirm”. To use manual geotagging; click the thumbnail of the photo you want to tag (located in right plane of the screen), drag the photo flag in the map plane, and drop the photo flag on any trackpoint. By geotagging your photos you will be able to see where on your trip you took that great shot.
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1. Search by Region (Worldwide, Nearby, a Specific Location)
 
 
 
 
2. Keyword Search in the Region
You can use a single keyword, @username, multiple keywords split on spaces, or combination of @username and keyword(s) split on spaces.
ex) Rainier : Searching for trips with a keyword (Rainier),
@Ramblr : Searching for trips written by a user (Ramblr),
@Ramblr Rainier : Searching trips with a keyword (Rainier) among trips written by a user (Ramblr).
Searching that includes @username is not limited to the region specified above.
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Definition of Terms
 
Trackpoint : A pair of coordinates. It has to be part of a Track.
Trackpoints can be generated by the Track drawing tool and/or by a moving GPS (Ramblr App) as a “breadcrumb trail”.
A Trackpoint generated by a moving GPS (Ramblr App) has a timestamp and 3-dimensional coordinates including elevation.
However, a Trackpoint generated by the Track drawing tool doesn’t have a time stamp.

Track : A collection of Trackpoints, listed in the order which they were written. It is usually displayed as a wavy line
(a collection of segmented straight lines that connect two neighboring Trackpoints which were listed in order).
A Track always has a starting Trackpoint and ending Trackpoint since it is written in order.
There can be multiple tracks on a map.

Direction of a Track : A track always has a direction from the starting Trackpoint to the ending Trackpoint.

Tool Tips
Undo :A tool to undo your last action.
Move a Trackpoint : A tool to move an existing Trackpoint to different coordinates. Select a Track by placing your mouse cursor over it (the Track color will be changed to Pink and will show movable Trackpoints.) Then drag the Trackpoint you want to move to any coordinates on the map.
Remove a Trackpoint : A tool to remove one Trackpoint from a Track. Select a Track by placing your cursor over it (the Track color will be changed to pink). Then click on a Trackpoint you want to remove.
Remove a Track : A tool to remove one entire Track. Select a Track by placing your cursor over it (the Track color will be changed to pink).Then click on it to remove the selected Track.
Draw a New Track : A tool to draw a new Track (or Tracks). Click on the map to place each Trackpoint. To finish drawing the new Track- click the tool icon again after placing the ending Trackpoint. To draw multiple Tracks; do the same process again for each Track you want to draw. This tool also provides a way to extend a previously existing Track from its ending Trackpoint. Select a Track to extend by placing your cursor near its ending Trackpoint (shown as the “end track marker”). The Track color will change to pink. Then click on the map to place Trackpoints in order to extend your track. The first Trackpoint of your extension will be connected to the ending Trackpoint of the existing Track you’ve selected.
Split a Track : A tool to split a Track into two separated Tracks. Select a Track by placing your cursor over it (the Track color will be changed to pink and will show all Trackpoints). Click on a Trackpoint where you want to make a split. This tool is useful especially when you want to remove part of a Track you have already taken by a moving GPS (Ramblr App). Combine this tool with “Remove a Track” to throw away part of a Track recorded unexpectedly (first split the Track, and then remove the unwanted Track).
Merge Tracks : A tool to merge two separated tracks into one. Click the ending Trackpoint of a Track (shown as the “end track marker”). The selected Track color will be changed to red. Then click the starting Trackpoint (shown as the “start track marker”) of the Track you want to merge it with.
Reverse Track : A tool to reverse the direction of a Track. Select a Track by placing your cursor over it (the Track color will be changed to pink). Click it to make its direction reverse.
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