Terms of Service
Terms of service effective date: April 29, 2019
The Route creator websites, related mobile applications and services (collectively, the “Services”) are made available to you by Asterios Rizos, subject to these Terms of Service (the “Terms”) and in accordance with the Route creator Privacy policy (the “Privacy Policy”). You agree to comply with these Terms and any supplemental terms which Route creator makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Route creator Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Route creator processing data about you, and other Route creator
members, including your location data. Processing of the data you share with Route creator, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Route creator are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Route creator on an individual basis, unless you opt-out in accordance with the instructions below.
Payments and Fees
•Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes, or any other payment method may be available by Route creator) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you paid through the iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Route creator, other than as set forth in these Terms.
•Fees
In order to access certain functionality of the Services, you may be required to pay Summit membership fees. Summit membership fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, whether on a one-time or subscription basis. Route creator reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
•Auto-Renewal
Summit membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your Summit membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Summit membership at any time, as described below.
Cancellation
•Cancellation of Summit
If you signed up through the iTunes store, you may cancel your Summit membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your Summit membership ends, your account will remain and become a free membership. You can renew your subscription at any time, although the Summit membership fees may have increased.
Member Content and Conduct
•Content
You understand that you, and not Route creator, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Route creator does not screen or monitor the Content created to the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Route creator be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that your relationship with Route creator is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Route creator in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Route creator other than as set forth in our Privacy Policy and your privacy controls, and Route creator will not be liable for any use or disclosure of any Content you provide.
•Conduct
The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
You represent and warrant that you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ROUTE CREATOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ROUTE CREATOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ROUTE CREATOR DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.
Support and Questions
We will respond to any questions regarding the Services and these Terms via [email protected]. We generally respond to support requests within 10-14 days after the request is placed.
Terms of service effective date: April 29, 2019
The Route creator websites, related mobile applications and services (collectively, the “Services”) are made available to you by Asterios Rizos, subject to these Terms of Service (the “Terms”) and in accordance with the Route creator Privacy policy (the “Privacy Policy”). You agree to comply with these Terms and any supplemental terms which Route creator makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Route creator Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Route creator processing data about you, and other Route creator
members, including your location data. Processing of the data you share with Route creator, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Route creator are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Route creator on an individual basis, unless you opt-out in accordance with the instructions below.
Payments and Fees
•Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes, or any other payment method may be available by Route creator) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you paid through the iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Route creator, other than as set forth in these Terms.
•Fees
In order to access certain functionality of the Services, you may be required to pay Summit membership fees. Summit membership fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, whether on a one-time or subscription basis. Route creator reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
•Auto-Renewal
Summit membership fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your Summit membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Summit membership at any time, as described below.
Cancellation
•Cancellation of Summit
If you signed up through the iTunes store, you may cancel your Summit membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your Summit membership ends, your account will remain and become a free membership. You can renew your subscription at any time, although the Summit membership fees may have increased.
Member Content and Conduct
•Content
You understand that you, and not Route creator, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Route creator does not screen or monitor the Content created to the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Route creator be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that your relationship with Route creator is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Route creator in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Route creator other than as set forth in our Privacy Policy and your privacy controls, and Route creator will not be liable for any use or disclosure of any Content you provide.
•Conduct
The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:
- Copying, framing or mirroring any part of the Services.
- Accessing the Services to monitor its availability, performance or functionality.
- Permitting any third party to access the Services.
- Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Route creator.
- Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
- Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Route creator internet protocol space.
- Avoiding payment of charges or fees payable by you with respect to the Services.
- Committing any act that may be harmful to minors.
- Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”.
- Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Route creator than a human can reasonably produce in the same period of time by using a conventional web browser.
- Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services.
- Using the Services for any inappropriate commercial solicitation purposes.
- Accessing any content on the Services through any technology or means other than those provided or authorized by the Services.
- Submitting to the Services or to Route creator any personally identifiable information, except as necessary for the establishment and operation of your account.
- Submitting to the Services or to Route creator any information that may be protected from disclosure by applicable law.
- Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
- Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability.
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
You represent and warrant that you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ROUTE CREATOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ROUTE CREATOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ROUTE CREATOR DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.
Support and Questions
We will respond to any questions regarding the Services and these Terms via [email protected]. We generally respond to support requests within 10-14 days after the request is placed.