5. Content

5. Content

5.1 Adventure IO may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Adventure IO Platform (“User Content”); and (ii) access and view User Content and any content that Adventure IO itself makes available on or through the Adventure IO Platform, including proprietary Adventure IO content and any content licensed or authorized for use by or through Adventure IO from a third party (“Adventure IO Content” and together with User Content, “Collective Content”).

5.2 The Adventure IO Platform, Adventure IO Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Adventure IO Platform and Adventure IO Content, including all associated intellectual property rights, are the exclusive property of Adventure IO and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Adventure IO Platform, Adventure IO Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Adventure IO used on or in connection with the Adventure IO Platform and Adventure IO Content are trademarks or registered trademarks of Adventure IO in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Adventure IO Platform, Adventure IO Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Adventure IO Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Adventure IO or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Adventure IO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Adventure IO Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Adventure IO Platform, you grant to Adventure IO a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Adventure IO Platform, in any media or platform. Unless you provide specific consent, Adventure IO does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

5.6 Adventure IO may offer Guides the option of having professional photographers take photographs of their Guide Service, which are made available by the photographer to Guides to include in their Adventures with or without a watermark or tag bearing the words "Adventure IO Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Guide Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Adventure IO Platform if they no longer accurately represent your Adventure, if you stop providing the Guide Service featured, or if your Adventure IO Account is terminated or suspended for any reason. You acknowledge and agree that Adventure IO shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Adventure or otherwise, without further notice or compensation to you. Where Adventure IO is not the exclusive owner of Verified Images, by using such Verified Images on or through the Adventure IO Platform, you grant to Adventure IO an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Adventure or otherwise, without further notice or compensation to you. Adventure IO in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Adventure IO Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all User Content that you make available on or through the Adventure IO Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Adventure IO Platform or you have all rights, licenses, consents and releases that are necessary to grant to Adventure IO the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Adventure IO's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Adventure IO’s Content Policy or any other Adventure IO policy. Adventure IO may, without prior notice, remove or disable access to any User Content that Adventure IO finds to be in violation of these Terms or Adventure IO’s then-current policies, or otherwise may be harmful or objectionable to Adventure IO, its Users, third parties, or property.

5.9 Adventure IO respects copyright law and expects its Users to do the same. It is Adventure IO’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Adventure IO will respond expeditiously to claims of copyright infringement committed using the Adventure IO website and mobile application (the “Site and Application”) that are reported to Adventure IO’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Adventure IO’s Designated Copyright Agent. Upon receipt of the Notice as described below, Adventure IO will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

5.10 DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.