These terms of service ("Terms") apply to your access and use of wayfarus.app (the "Service") operated by Elemental Shift Ltd t/a Wayfarus ("us", "we", or "our"). Please read them carefully.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by contacting us.
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective 30 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check wayfarus.app for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
Privacy Policy
For information about how we collect and use information about users of the Service, please check out our privacy policy.
Third-Party Services
From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
Cost of service
Our Service provides a base service free of charge and without registration, allowing anyone to view, interact with and read much of the (public) content.
If in the future our Service offers paid services, this will be explicitly explained and require confirmation from the user through a purchase process.
Connection fees
Our Service requires a large amount of network requests, for any device (e.g. desktop computer, mobile phone), for things such as loading map tiles, routing requests, and sending content data to your browser. This therefore requires a strong and healthy internet connection for our Service to work effectively. For mobile we recommend you have an appropriate data package setup with your mobile operator for continued usage in areas without a stable connection to a WIFI network.
Creating Accounts
To get access to further functionality from our Service, such as creating content, you must create an account. Each user may only register once, and are required to verify the email you provide upon registration.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
License to specified content Components
One of the best features of the Service permits you to search, view, and download components of content that have been contributed by users ("Components"). You may download and use specified Components from the Service in accordance with, and subject to, the Wayfarus License.
Contributed Content & Conduct
Our Service allows you and other users to post, link, contribute and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, reject, remove, publicly perform, publicly display and distribute the content on or off or through the Service. We may format your content for display throughout the Service, or moderate and modify the content as we see fit, or commercialise it off the Service.
Content retention
By contributing and publishing some content to our Service, such as the core information of Wayscapes, Ways, Notes, Images, you may lose the ability to directly update, edit or manage it yourself. And some content may require moderation before going live.
If any content is outdated, misleading, incorrect, does not follow our Terms, or you feel for any other reason it should not be present, please contact us and we will review it accordingly.
Some content that you contribute and publish on our Service can be deleted, such as Waylogs, Comments. Once any content is deleted, it will not appear on the Service, but copies of your deleted content may remain in our system, archives, or backups for some period of time.
Draft content that is not submitted, when for the process it is required to do so, may be deleted after a being stale for a period of time.
If you would like to delete your account, and remove all your personally identifiable information from all content on our Service, please contact us.
Content restrictions
You may not post, link and otherwise make available on or through the Service any of the following:
- Content that is libelous, defamatory, bigoted, offensive, pornographic/adult, fraudulent or deceptive;
- Content that is illegal or unlawful, that would otherwise create liability;
- Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
- Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
- Private information, unless otherwise stated, of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
- Create an account or post any content if you are not over 13 years of age years of age; and
- Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
Content disclaimer
The content appearing on our Service could include technical, typographical, or photographic errors, and may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy, currentness or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content. We may make changes to the content contained on our Service at any time without notice.
Whilst we take every step to ensure reliability of content published on our Service, including moderation and accuracy checks for Wayscapes, Ways, Waylogs, Notes, and so on, we cannot always verify its accuracy.
We strongly recommend you own fact checks and do any further research before going ahead with any plans, and make sure the route is suitable for the planned activity, and your party's fitness and skill level.
The type of content published on our Service is of a nature that can go out of date fairly quickly and easily, and it's impossible to maintain complete accuracy of all the content available on our Service. If you encounter any incorrect, miscalculated or misleading information on our Service, please flag it to us by providing feedback or contacting us, and if possible or relevant suggest or provide an alternative. We will make an effort to rectify or remove any incorrect information as soon as possible, however we do not make any commitment to update the content.
Computed data
A lot of data associated to content on our Service has been calculated computationally, as accurate to our best efforts and knowledge, from our services and systems. We cannot guarantee the accuracy or preciseness of this data, as it involves many factors, including that from third parties. Data should be used more of a guide to aid your planning, and not as fact.
Computed Way's route times are provided as the 'total time on the move', estimated based off distance and elevation gains and losses, under perfect conditions (such as weather), take into account fatigue and fitness, and on typical terrain, for adults. It does not account for poor weather, wind, altitude, delays or breaks, any snow cover (unless on mode 'by Snow') or ice, or navigational obstacles. It should again, only be used as a rough guide only for the minimum time to complete a route (or stage of a route).
'Ways', and Routing data
All Way's routes contributed to our Service must be on open access land or public ways (no restricted access).
Way's routes on our Service are routed using data from OpenStreetMaps, and may not always produce correct or accurate routes, as it is a community collaborative ever-evolving project, and the landscape we live in is continuously changing.
When using our Service's path 'auto-snap' routing facility when creating a Way route, just because a path has been routed for your route, it does not necessarily mean it is suitable. We strongly recommend doing your own research, and ensuring it is suitable, such as for the selected travel mode, before submitting a Way.
Elevation data
Elevation data on our Service are from a 3rd party, using a 3rd party dataset. Results may be incorrect or inaccurate, and are only available in certain latitude/longiture and height resolutions. We endeavour to provide the most accurate data for our Service.
Suitability & availability
Ways, Waylogs, Notes, and other content are contributed from the experience and opinion of our users, which may not always be accurate or reliable, and may depend on many factors such as weather, equipment, experience, fitness, and so on. We take no responsibility or liability in your exposure to risk of life, body or health. We present the information from the best of our and our users knowledge, experience and opinion, it is your sole resposibility to make your own judgements and conclusions from this.
We cannot guarantee the availability of trails and paths on our Service. Whether temporary or prolonged closures. It is solely the liability of the user to do their own research, and check from local authorities about any warnings, closures or the availability of paths.
Our Materials
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content. This property is owned by us or our licensors and it is protected by U.K. and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching, or explicitly given the option to) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
When explicitly given the option to download data associated to a 'Wayscape' or any content, the content is provided for private use only. No rights are acquired to the downloaded data by the user.
Hyperlinks and Third Party Content
You may create a hyperlink to the Service, and we encourage you to do so, and share our Service's pages. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
We make no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
Unavoidable Legal Stuff
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL ELEMENTAL SHIFT LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO ELEMENTAL SHIFT LTD. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorney' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Copyright Complaints
We take intellectual property rights seriously. In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.
Governing Law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the U.K., without regard to conflicts of law principles.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of England & Wales and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England & Wales in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
Termination
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
Entire Agreement
These Terms constitute the entire agreement between you and Elemental Shift Ltd regarding the use of the Service, superseding any prior agreements between you and Elemental Shift Ltd relating to your use of the Service.
Feedback
Please let us know what you think of the Service, these Terms and, in general, wayfarus.app. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, wayfarus.app, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions or comments about the Service may be directed to us via our website's contact form.