We welcome you to our site.
- This Agreement governs your use of our site (the “Service”, the “Site”, “yuenX”, or “yuenX.com”).
- yuenX.com reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time with or without notice, and any changes will become effective immediately upon being posted unless we tell you otherwise. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by yuenX.com as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Service.
- By using the Site, you represent that you are 18 years of age or older, or if you are between the ages of 13 and 18, that you are using the Site with the permission of your parent or legal guardian, or that you are an emancipated minor between the ages of 13 and 18. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to the Agreement and to fully indemnify and hold harmless yuenX if your child breaches or disaffirms any term or condition of the Agreement. If you are using this Site on behalf of an entity, you represent that you are authorized to legally bind such entity to the Agreement. If yuenX believes that you do not meet any of these requirements yuenX may immediately terminate your use of the Site. If you are under the age of 13 years old, you may not use the Site.
3. Use of Content
- You acknowledge that the Service contains information, design, software, photographs, audio and video clips, graphics, links, and other material (collectively, the “Content”) that are protected by copyright, trademark, or other proprietary rights of yuenX.com or third parties. All Content on the Service is copyrighted as a collective work of yuenX.com pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.
- User Content. If you elect to display or post on, submit to, or otherwise make available to others on, the Site any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, “User Content”), you hereby grant to yuenX (to the extent permitted by applicable law) a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose and in any form, medium or distribution method now known or hereafter existing, known or developed. yuenX agrees to use any personally identifiable information contained in any of your Submissions in accordance with yuenX’s Privacy Statement. In addition, you hereby irrevocably represent and warrant to yuenX that (i) you have all necessary power, authority, right, title and/or licenses to grant to yuenX the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Site, and the exercise by yuenX of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. We may modify or adapt your User Content in order to transmit, display or distribute the same over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt the same to any requirements or limitations of any networks, devices, services or media.
- Although we prohibit the uploading of certain types of content to our website, we cannot control, nor do we comprehensively monitor the use of the Services. It is possible that images or other material may appear on our website or in connection with the Services which are unlawful or offensive and contravene our restrictions on content. We are not responsible for such images or material, but if you become aware of any such images or material please contact us without delay.
- You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement or through prior written authorization by yuenX.com. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and or copyright. Subject to the provisions of this Agreement, you may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain. You assume all right and responsibility for determining whether any Content is in the public domain. You grant to yuenX.com the right to edit, copy, publish, distribute, translate, and otherwise use in any medium and for any purpose any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
- Except through prior written authorization by yuenX.com, you may download or copy the Content only for your own personal use, provided that you maintain and include all copyright and other notices contained in such Content. You also shall provide a link back to this site whenever any Content is published in print, online, or any other type of media. You shall not store electronically any significant portion of any Content. Except as expressly permitted by copyright laws, no copying, storage, redistribution, or publication of any Content is permitted without the express permission of yuenX.com or the owners of such Content or their authorized persons if other than this site. You may download from the Service any Content in the public domain for your own, personal use or for non-commercial distribution.
- Infringement and DMCA. yuenX respects the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide our designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit yuenX to locate the material.
- Information reasonably sufficient to permit yuenX to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such a notice from us, you may provide us with a counter-notification in writing to the yuenX designated agent.
- yuenX reserves the right, in its sole discretion, to terminate the account or access of any user of the Site who is the subject or repeated DMCA or other infringement notifications.
4. Rules of Conduct
- You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or (d) otherwise violates any applicable law or reputation. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive services unless expressly permitted in writing by yuenX.com.
- Unauthorized access to our site(s) is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by yuenX.com for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our site(s) except those automated means that we have approved in advance and in writing.
- Registered Users. A person who is eligible and desires to create an account may, upon consenting to the Agreement, submit an application to register in accordance with the procedures set forth by yuenX. yuenX reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
- If you become a registered user of the Site in order to gain access to support or other limited access parts of the Site, you agree (i) that the information you provide to yuenX in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that yuenX reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Site to any third party without the prior written consent of yuenX and (iv) not to permit any third party to use your user name and password to access the Site.
- You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify yuenX immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by yuenX or any other user of or visitor to the Site due to someone else using your ID, password or account. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. yuenX will not be liable for any loss or damage arising from your failure to comply with these obligations.
- By registering with the Site, you consent to receiving electronic communications from yuenX. These electronic communications are part of your relationship with yuenX. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- If you send or transmit any communications, comments, questions, suggestions, or related materials to yuenX, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Site Content or any services offered through the Site, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby grant to yuenX a royalty-free, worldwide, transferable, irrevocable, perpetual license, including the right to grant and authorize sublicenses, to use or incorporate into the Site and/or any products or services any and all Feedback. For the avoidance of doubt, yuenX shall be free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, importing, having imported, licensing, marketing, distributing, reproducing, and selling, directly or indirectly, products and services using such Feedback, and otherwise exploiting in any manner such Feedback.
- You understand and agree that yuenX is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
5. Events/Activities: Know Your Abilities, Model Release
- Events and activities may be posted on or facilitated through this site from time to time.
- Re-Posting Events. Organizers often spend a tremendous amount of time and effort planning. Out of respect for their hard work, no event may be re-posted elsewhere without their prior consent.
- Know Your Abilities (Disclaimer). We want everyone to enjoy their time. However, readers, participants, and their guests should be aware of the POSSIBLE DANGERS involved in any type of activity and event. They may include serious risk of injury or death.
- Readers, participants, and their guests (“Participating Party”) should be aware of the possible dangers involved in any type of activity and event, including the ones posted on this site. They may include serious risk of injury or death, sudden climate changes, encounters with wild life (bears, snakes, mosquitoes, annoying humans), separation from the group, getting lost, and fatigue. Of special note, wilderness backpacking, hiking, and camping afford opportunities to see and experience remote areas not available in any other way. The enjoyment of these activities rely on the self-sufficiency, team work, respect, endurance, health, training, and positive attitude from all participants.
- Necessary precautions should be taken. For an enjoyable experience, Participating Party is requested to follow the organizers’ instructions. However, although they are guiding the event(s), they may not be professionals. If Participating Party has doubts about their own abilities or that of the organizers, appropriate experts in the subject matter, including physicians, should be contacted prior to joining the event(s).
- Hiking? Take a look at these tips by National Geographic: Hikers Survival Tips
- Participating Party shall hold the organizers, yuenX.com, the Yuen families, licensees, successors in interest, and their associates (“Released Party”) harmless from any liability as a result of their use of the information provided on this site, and/or their participation in any event or activity.
- Model Release. Participating Party consents to Released Party the perpetual, irrevocable, and unrestricted right to use and publish any and all, either wholly or in part, videos and photographs taken of them, and the use of their names in any manner and medium, and in any derivative work without any claim or liability whatsoever. However, we respect individual privacy, and as such, please direct removal requests to the photographer and/or Released Party for consideration, though they are under no obligation to oblige.
6. Privacy Statement
- Please review our Privacy Statement which explains how we use information that you submit to yuenX, and which is incorporated into the Agreement by this reference.
7. Affiliate Links
- This is our affiliate disclaimer, in compliance with the Federal Trade Commission (FTC), and to avoid any misunderstanding to visitors of our website.
- We may earn a commission — at no extra cost to you — if you decide to buy any of the products, software, or services we refer to, review, and/or promote on our website. The opinions expressed are of our own, independent reviewers and writing staff, commissioned to provide helpful reviews and their unbiased opinion.
- You should assume that every external link that you click on our website is an affiliate link that leads to us being paid by a partner of ours.
- If you find our website helpful, please support us by making a purchase via our affiliate links so that we can keep this website 100% free to use (and free from clutter, such as banner ads and annoying pop-ups.)
8. Managing Content
- yuenX.com does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, we reserve the right to delete, move or edit any Content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. yuenX.com shall have the right but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
9. No Endorsement
- yuenX.com does not represent or endorse the accuracy or reliability of any Content. You acknowledge that any reliance upon such Content shall be at your sole risk.
- The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that yuenX.com is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
- You agree to indemnify, defend, and hold yuenX.com and its affiliates, and their respective owner(s), agents, volunteers, information providers, and licensors (collectively, the “yuenX.com Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any yuen Studio Party in connection with any use or alleged use of the Service under your user name by any person, whether or not authorized by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with yuenX.com’ defense of such claim.
11. Termination of Service
- yuenX.com reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service or Content, at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
- NEITHER YUENX.COM NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES YUENX.COM, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER YUENX.COM, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER YUENX.COM NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
- NEITHER YUENX.COM, ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SOME U.S. STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF YUENX.COM, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Orange County, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
- If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Updated: March 2020