Terms and Conditions

Welcome to Climbly, a service provided by This Startup, LLC (“This Startup,” “Climbly,” “we,” or “us”). This Terms of Service Agreement (“Agreement”) sets out the terms on which users (“you,” “the user,” or “users) may use our services. By accessing Climbly.com or using any of its associated services (collectively the “Service” or “Climbly”), you agree to these terms. This Agreement is a binding legal document between you and This Startup, so please read it carefully before using our service.

We reserve the right to amend or change these terms from time to time without notification, so please review this page before relying on these terms. These terms are current to the last revision, dated July 31, 2013.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS BINDING CLAUSES RELATING TO YOUR RIGHTS IN LITIGATION.

  1. Restrictions on your use of Climbly
    1. Eligibility to use Climbly. You may use the Service only if you can form a binding contract with This Startup, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. No one under the age of 13 may use or access this Service by anyone under 13, and any such use is strictly prohibited and in violation of this Agreement. Users previously removed from the Service by This Startup are prohibited from using this Service again.
    2. Accounts. You will need to register with Climbly and create an account (“Account”). Users are personally responsible for all the activity and use of their Accounts and for all their communication on Climbly and communication that results from use of their Account. You may not solicit other users’ Account information, log in from an Account other than your own, or create multiple Accounts.
    3. Behavior on Climbly. You are responsible for your behavior on Climbly and may only access our Services through the mechanism and interfaces we provide.
      Our goal is to create a safe and friendly environment for our users. As such, we may suspend your access to Climbly and ban you from using our services if we suspect misconduct. As examples, prohibited behavior includes, but is not limited to:
      • Intimidating, harassing, bullying, or otherwise creating a hostile environment for other Climbly users with speech or content that is hateful, threatening, sexual, pornographic, graphic, or violent
      • Using Climbly to send unauthorized commercial communications (such as spam)
      • Accessing users’ information or content or other aspects of our Service with automated means (like bots, spiders, spiders, or scrapers) without our prior written permission
      • Uploading viruses or malicious code
      • Using Climbly to do anything unlawful, malicious, or discriminatory
      • Encouraging violations of our policies as stated in this Agreement
    4. If for any reason you feel harassed or mistreated on the Service, please contact us at support-rpi@Climbly.com.
  2. Privacy
    1. Your privacy is very important to us. Please read our Privacy Policy to understand how we collect, use, and share data.
    2. We encourage you to not give out personally identifying data, like your address, full name, or social security number, to people you meet and interact with on Climbly. Please use your best judgment when interacting with strangers on Climbly.
  3. Paying for Services
    1. This Startup may offer one or more chat sessions, messages, or other modes of access to the Service for free. Users may also choose to tip other users or pay a subscription for unlimited access to the Service. If you choose to pay for any access to the service or tip its users, you agree that This Startup may charge the payment method you provide for the amount specified and for any additional amounts (including any taxes or late fees, as applicable) that may be accrued by or in connection with your account. You must provide This Startup with a valid payment method.
    2. We will charge tax only where required by state or national law.
    3. All payments, whether for subscriptions or tips, are final and no refunds will be offered for any reason.
    4. If the Service becomes permanently unavailable or unreasonably delayed after the payment of a subscription fee but before the end of a subscription period, your only remedy is a refund.
  4. Ownership of content
    1. You own all of the content you post to Climbly.
    2. For all content that may be protected by intellectual property rights in any applicable jurisdiction, including, but not limited to, photos you post, text you write, and videos you upload (“IP Content”), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and publicly perform, any IP content or derivative works made from your IP content that you post on or in connection with Climbly (“IP License”).
    3. You understand that when IP Content is deleted by yourself or This Startup in accordance with the IP License, it may still exist on backup copies.
  5. Termination/access restriction
    1. This Startup, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
    2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and This Startup, LLC as a result of this agreement or use of the Site.
  6. Limitations of Liability
    1. We make no warranties: We try to keep these Services safe and secure, but you use these Services at your own risk. We provide Climbly as-is and make no representation or express or implied warranties as to its content, merchantability, safety, fitness for a particular purpose, reliability, or non-infringement. You understand that these Services may unavailable from time to time due to technical problems or maintenance.
    2. You release us from all permitted liability: Where permitted by law, the total liability against Climbly for any claim arising out of this Agreement will be no greater than the amount you paid us over the last 12 months.
    3. This Startup is not responsible for its users’ behavior on Climbly. You agree to release This Startup from all liability for claims associated with the behavior of its other users. If you feel there is a problem, please contact us at support-rpi@Climbly.com. However, we cannot guarantee the appropriateness, politeness, or inoffensiveness of other users’ behavior and make no representations or warranties about it.
    4. In all cases This Startup will not be liable for any loss or damage that is not reasonably forseeable.
  7. Resolving Disputes
    1. This Agreement controls the relationship between you and This Startup.
    2. You agree to arbitration. If we can’t resolve any disagreement informally, we each agree that all claims, disputes, and controversies (excepting claims by This Startup for injunctive or other equitable relief) arising out this Agreement will be resolved through binding arbitration by the American Arbitration Association (“AAA”) in Santa Clara County, California, under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing This Startup from seeking injunctive or other equitable relief from the courts as necessary to protect any of This Startup’s rights to IP Content or other proprietary interests.
    3. We both waive trial by jury and class membership. To the extent permitted by law, for any claim, dispute, or controversy arising out of this Agreement, you and This Startup each waive the rights to a trial by jury and to participate in a class action. All claims must be brought as individuals and not representation of a class.
    4. You Agree to Indemnify This Startup. You will indemnify and hold harmless This Startup and its successors, affiliates, officers, directors, and employees from any and all liabilities, claims, and expenses, including attorneys’ fees, in any action brought against us related to your behavior or actions taken using your Account. This Startup reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you will be released from an obligation to provide indemnification. However, absent such control by This Startup, you may not effect any settlement or resolution related to a claim for which you indemnify This Startup without our express, written consent. This section regarding indemnification will survive termination of this Agreement.
  8. Interpreting this Agreement
    1. We may modify this Agreement. We may make modifications at any time, for any reason, and without notification. You should check back regularly, and if you disagree with any modification, discontinue your use of Climbly. If any new terms conflict with this Agreement, the new terms will control for that conflict. These terms are current as of the last revision, dated July 29, 2013.
    2. This Agreement controls the relationship between you and This Startup. It creates no third-party beneficiary rights.
    3. If we do not immediately enforce any term of this Agreement, you agree that we have not waived to enforce that term or any others at a later date.
    4. If any term is ruled unenforceable for any reason by a court of competent jurisdiction, it will be severed from the rest of this Agreement, which will remain in full force and effect.
    5. These terms are governed by the laws of the State of California, excluding its conflict of laws rules. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara, California, USA. Both you and This Startup consent to personal jurisdiction in those courts.
    6. These terms constitute the entirety of your agreement with This Startup and supersede all other written or oral communications. No modifications may be made to this agreement except through written modification of these terms by This Startup.