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Terms

We welcome your participation in the Mikehorn.com Online Community (the “Service”), and we encourage you to react to the content available on Mike Horn websites.

By registering yourself in the Service, you are consenting to the general Terms and Conditions and to these Additional Terms and User Code of Conduct.

1.       Registration

You represent and warrant that you are of legal age to form a binding contract or that Your parents and legal guardians have approved Your registration and use of the Service, as evidenced in the registration process, and have agreed to be bound by this Agreement. You (or, if applicable, Your parents / legal guardians) have the power and authority to enter into and perform Your obligations under this Agreement.

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MH has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to foreign countries for storage, processing and use by MH and its affiliates and selected partners.

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MH of any unauthorized use of your password or account or any other breach of security. MH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

2.       Use of the Service

You understand and agree that the Service is available for your personal, non-commercial use only.

You understand that you (and not MH) are fully and solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("User Content") that you upload, post, email, transmit or otherwise make available via the Service.

You warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right.

You agree that MH may, but is not obligated to, review the Online Community pages and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in MH’s sole judgment violates this Agreement or the Terms and Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

You agree that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. MH does not guarantee the accuracy, integrity or quality of such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will MH be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.

You further agree not to use the Service to

§       upload, post, transmit, share or otherwise make available any User Content that MH deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

§       upload, post, transmit, or share User Content that you did not create or that you do not have permission to post;

§       use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service or the Websites;

§       impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

§       upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," or any other form of solicitation;

§       intentionally violate any applicable local, state, national or international law;

§       intimidate or harass another;

§       collect or store personal data about other users.

You also agree that MH may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or respond to claims that any User Content violates the rights of third parties.

You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address).

By posting User Content, you automatically grant, and you warrant that you have the right to grant, to MH an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise.

These Additional Terms of Service and User Code of Conduct shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the ordinary courts of Château-d’Oex, Switzerland.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Copyright © 2009 Mike Horn Expedition Center.