Terms & Conditions

Terms and Conditions of use

We are pleased that you are interested in Vertical-Life and wish you a lot of fun with discovering and above all good climbing! We are a young team of climbing enthusiasts and would like to take care of everything with a handshake. Unfortunately, this is not possible. Therefore we explain in the following our general terms of use for the use of our services. Please read them carefully before using our websites, apps or other services.

Introduction

Vertical-Life GmbH, with its registered office at Brennerstraße 32, Brixen (BZ), Italy, VAT-No. IT03186940213, registered at the Chamber of Commerce Bolzano, paid-up share capital €100,000 (hereinafter: "we") operates an online platform (hereinafter: "Vertical-Life") consisting of the websites www.vertical-life.info, www.8a.nu, shop.vertical-life.info, www.scorecard.info, ifsc.results.info, uiaa.results.info, fasi.results.info, sac-cas.results.info, fedme.results.info, abee.results.info, cec.results.info, sscmf.results.info, usac.results.info, https://www.zlagboard.com, http://www.zlagup.com the smartphone apps Vertical-Life and Zlagboard for Android and iOS, other websites associated with Vertical-Life and other services.

These Terms and Conditions of Use (hereinafter “Terms”) govern your use of our service. By signing up or otherwise using Vertical-Life - service, websites, online shop and software applications (hereinafter “Vertical-Life Service” or “Service”), or accessing any content that is made available by Vertical-Life through the Service (hereinafter “Content”) you enter into a binding agreement with Vertical-Life.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (hereinafter “Agreements” if referred to together). If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Vertical-Life’s website.

In order to use the full Vertical-Life Service, users (hereinafter "You") must register once free of charge (see section 1 below). Some content and general descriptions of our websites, apps and services are also accessible without registration.

1. Registration

1.1 In order to use Vertical-Life in full, you must register free of charge.

1.2 Only persons of unrestricted legal capacity are permitted to register with Vertical-Life. To register with Vertical-Life and to use the Vertical-Life Services and access Content, you must be 18 years of age or older or 16 years of age or older and have the consent of your parents or guardian to the Agreement.

1.3 You may register with Vertical-Life only once to get access to all Services. By registering you certify that you are not yet a registered user of Vertical-Life or that you have deleted any account you may have previously used.

1.4 You can register with Vertical-Life as follows: Using the registration form on the Vertical-Life websites or App. In order to register, or gain access to Vertical-Life Service, you must provide complete and accurate information on the registration form and your personal profile (first name, last name, gender, place of residence, email address, desired username) unless it is marked as optional. You must provide your real name.

Vertical-Life takes over the user's registration data from the Facebook social network. In this case, you must confirm that we may transfer the selected information that you have already verified on Facebook to Vertical-Life.

1.5 After successful registration, you can log in either by entering your email address and password or via Facebook Connect.

1.6 We reserve the right to refuse users without giving reasons. In this case, we will delete the transmitted data immediately.

1.7 We do not guarantee the actual identity of users. You must, therefore, convince yourself of the identity of the other users before you enter into any kind of interaction with them, e.g. following them or commenting on their content.

2. Exceptional Provisions Online-Shop

2.1 Scope of application:

2.1.1 These Terms govern all contracts between Vertical-Life as Seller and the Buyer, as defined below, concluded via the online shop shop.vertical-life.info.

2.1.2 “Buyer is the natural or legal person who places the Order as defined below. By placing the Order Buyer represents to be legally competent and that the data provided are correct.

2.2 Conclusion of the contract:

2.2.1 The order placed by Buyer constitutes a binding offer for the conclusion of a contract (the “Order”).

2.2.2 A contract is concluded only once Vertical-Life as Seller expressly accepts the Order or impliedly through delivery of the ordered goods (the “Order Confirmation”).

2.3 Prices and Payment:

2.3.1 The prices are those quoted in the Online Shop at the time the Order is placed and include VAT (the "Prices"). Seller reserves the right to change the Prices without notice.

2.3.2 Without prejudice to any laws or regulations providing otherwise, VAT-free deliveries within the European Union require disclosure of Buyer’s VAT registration number at the time the Order is placed as well as the delivery to an address outside Italy.

2.3.3 Payment shall be made through the means expressly indicated in the Online Shop.

2.3.4 Credit Cards and PayPal: Receipts are issued automatically to the Buyers E-mail address when payments are made via the shop website; this acknowledges payment; Bank Transfer: Receipts are issued to the Buyer's E-mail address when the payment is received by Vertical-Life as Seller.

If a more detailed receipt is required, this must be requested within 14 days of payment.

2.4 Delivery and Risk:

2.4.1 Delivery shall be made to the delivery address within the European Union indicated by Buyer (the "Delivery"). Deliveries outside the European Union require a distinct agreement between Vertical-Life as Seller and Buyer.

2.4.2 Unless the parties have agreed otherwise on the time of delivery, Vertical-Life as Seller should endeavour to deliver the goods within 30 days from the conclusion of the contract.

2.4.3 Should the goods be unavailable for any reason whatsoever, Vertical-Life as Seller shall inform Buyer within 30 days from the conclusion of the contract and reimburse Buyer for any payments made.

2.4.4 The risk passes to Buyer when the goods are handed over to the first carrier. If, however, Buyer is a consumer pursuant to applicable mandatory consumer protection laws, the risk passes to Buyer once Buyer acquires, or a third party other than the carrier indicated by Buyer acquires, physical possession of the goods.

2.5 Right of Withdrawal

2.5.1 If Buyer is a consumer pursuant to applicable mandatory consumer protection laws, Buyer has the right to withdraw from the contract within 14 days without giving any reason.

2.5.2 The withdrawal period will expire after 14 days from the date on which Buyer acquires, or a third party other than the carrier and indicated by Buyer acquires, physical possession of the goods.

2.5.3 In order to exercise your right of withdrawal, Buyer must contact Vertical-Life as Seller (Vertical-Life GmbH, Brennerstr. 32, 39042 Brixen, Italy, Email: [email protected]) by means of a clear explanation (e.g. letter sent by post, fax or Email) about its decision to revoke from the contract. Buyer may use the attached sample withdrawal form. Buyer can also complete and submit the sample withdrawal form electronically on our website (link to the website). In this case, we will send you a confirmation of receipt of your revocation. To meet the withdrawal deadline, it is sufficient for Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

2.5.4 If Buyer withdraws from this contract, Vertical-Life as Seller shall reimburse to Buyer all payments received from Vertical-Life as Seller, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard deliver offered by Vertical-Life as Seller), without undue delay and in any event no later than 14 days from the day on which Vertical-Life as Seller is informed about Buyer’s decision to withdraw from the contract. Vertical-Life as Seller will carry out such reimbursement using the same means of payment as Buyer used for the initial transaction, unless Buyer has expressly agreed otherwise; in any event, Buyer will not incur any fees as a result of such reimbursement.

2.5.5 Vertical-Life as Seller may withhold reimbursement until Vertical-Life as Seller has received the goods back or Buyer have supplied evidence of having sent back the goods, whichever is the earliest.

2.5.6 Unless Vertical-Life as Seller has expressly offered to collect the goods, Buyer shall send back the goods or hand them over to Vertical-Life as Seller without undue delay and in any event no later than 14 days from the day on which Buyer communicates its withdrawal from the contract to Vertical-Life as Seller. The deadline is met if Buyer sends back the goods before the period of 14 days has expired.

2.5.7 Buyer will have to bear the direct cost of returning the goods.

2.5.8 Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

2.6 Guarantee and Liability:

2.6.1 Buyer is reminded of the existence of a legal guarantee of conformity for goods.

2.6.2 Any information on goods, prices and services are subject to change and are not binding until the Confirmation Order has been submitted to Buyer. Product images do not always correspond to the actual design and appearance of the delivered goods. Liability of Vertical-Life as Seller shall be excluded also in case of errors in writing, printing or typing.

2.6.3 Any liability of Vertical-Life as Seller is limited to wilful misconduct or gross negligence and is categorically excluded if poor, or lack of, performance is caused by force majeure, third parties or cas fortuit.

2.6.4 Any mandatory consumer rights remain unaffected.

3. Exceptional Provisions Subscription

Vertical-Life offers a personalized subscription service with social and interactive functions that allow its members to access content regarding climbing sports via the Internet on their device.

3.1 Membership:

3.1.1 Your Vertical-Life membership will be automatically renewed every month until you cancel. In order to use the Vertical-Life Service, you need Internet and a device to specify one or more payment methods. “Payment method" means a current, valid and accepted payment method that you may change from time to time through your account and which may include payment through your bank account with a third party. As long as you do not cancel your membership before your monthly billing date, you tacitly agree that your membership will be renewed for the following month and subsequently debited from your account (see point 3.2 Payment and Cancellation).

3.1.2 Vertical-Life offers various memberships, including promotional memberships, offered by third parties in connection with the offering of their own products and services. Details of your Vertical-Life membership can be found on our website and in your account.

3.2 Payments and Cancellations:

3.2.1 Payment Cycle: The subscription fee for the Vertical-Life Service will be deducted monthly from your payment method at the start of your paid subscription. In some cases, your payment date may change. This is the case, for example, if the subscription fee could not be deducted from your payment method or if your paid subscription started on a day that does not exist in the following month. To view your next payment date, click on the "Billing Details" link on your "Account" page.

3.2.2 Payment Method: To use the Vertical-Life subscription, you must specify a payment method. You can change your payment method via your "Account". You remain responsible for open amounts. If a payment cannot be processed successfully because the respective payment method has expired, does not have sufficient credit or fails for any other reason, and you do not cancel your subscription, your access to our Service can be blocked until we have successfully debited a valid payment method.

3.2.3 Cancellations: You can cancel your Vertical-Life subscription at any time and continue to have the option to use Vertical-Life subscription until the end of your monthly payment cycle. Refunds or credits for months not fully used or Content not viewed will not be given. To cancel, go to your account and follow the cancellation instructions. If you cancel your subscription, you will keep on having access to our Service until the expiration of your billing cycle. If you have chosen a third party payment method and wish to cancel the Vertical-Life subscription, you must unsubscribe from the Vertical-Life subscription through that third party.

3.2.4 Price and Subscription Changes: The Vertical-Life subscription models and prices for each Service may change from time to time. However, any changes to prices and our subscription models will not be effective prior to the expiration of 30 days after you are notified. Your continued use of the Service after the changes are made will constitute your acceptance of the new Terms of Use.

3.2.5 Right of Withdrawal: If you are a resident of the European Union, you have a fourteen-day right of withdrawal without giving reasons. The period is 14 days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must contact us (Vertical-Life GmbH, Brennerstr. 32, 39042 Brixen, Italy, Email: [email protected]) by means of a clear explanation (e.g. letter sent by post, fax or Email) about your decision to revoke the contract. You can use the attached sample withdrawal form. You can also complete and submit the sample withdrawal form electronically on our website (link to the website). In this case, we will immediately send you a confirmation of receipt of your revocation. If you withdrawal from your subscription, we will refund all payments we have received from you within 14 days of receipt of your withdrawal.

3.3 Changes to the Agreement for Subscription:

Vertical-Life may change these Terms from time to time. We will notify you at least 30 days in advance before such changes become effective for you. Your continued use of the Service after the changes have been made will constitute your acceptance of the new Terms.

3.4 Use Vertical-Life Service Subscription:

3.4.1 Our Services and Paid Subscription: Vertical-Life provides Content regarding climbing and other content. Certain Vertical-Life Services are provided to you free-of-charge. Other Vertical-Life services require payment before you can access them. The Vertical-Life Services that may be accessed after payment provide “Premium Content”. You can learn more about our services by visiting our website.

3.4.2 Codes and pre-paid Offers: If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Vertical-Life for access to Premium Content (hereinafter “Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

3.4.3 Vertical-Life Service: The Vertical-Life subscription and any Content made available through the Service are for your personal, non-commercial use only. Your subscription grants you a limited, non-exclusive and non-transferable right to access and view Vertical-Life Services and Vertical-Life Content. No rights, title or interest are assigned to you. The Vertical-Life Service, including its Content, is updated regularly. Some Content is available for temporary download so that you can access it offline on your device. Certain restrictions apply, such as the number of offline titles per account, the maximum number of devices that can be loaded with offline titles, the time period during which the offline titles must be accessed, and the duration of access privileges.

4. Rights we grant you

4.1 The Vertical-Life Service and the Content are the property of Vertical-Life or Vertical-Life's licensors. We grant you a limited, non-exclusive, revocable license to make use of the Vertical-Life Service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Vertical-Life. You promise and agree that you are using the Content for your own personal, non-commercial use and that you will not redistribute or transfer the Vertical-Life Service or the Content.

4.2 The Vertical-Life software applications and the Content are licensed, not sold, to you, and Vertical-Life and its licensors retain ownership of all copies of the Vertical-Life software applications and Content even after installation on your personal device.

4.3 All Vertical-Life Content, including all text, graphics, blog entries, maps and designs, software, files, databases and trademarks, as well as videos and applications, operating methods and arrangement of the content, is copyrighted and may only be used within the terms of these Terms of Use. The Agreements do not grant you any rights to use any Vertical-Life Brand Features whether for commercial or non-commercial use.

4.4 You agree to abide by our User guidelines and not to use the Vertical-Life Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Vertical-Life grants no right, title, or interest to you in the Vertical-Life Service or Content.

5. Third Party Applications

The Vertical-Life Service is integrated with third-party applications, websites, and services (hereinafter “Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Vertical-Life does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications.

6. User-Generated Content

6.1 You may use Vertical-Life Service to upload, store, publish, distribute, transmit and share content (hereinafter “User Content”) with other users in accordance with the law and these Terms of Use.

6.2 You promise that, with respect to any User Content you post on Vertical-Life, you have the right to post such User Content, and such User Content, or its use by Vertical-Life as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Vertical-Life.

6.3 We do not claim ownership of any Content created by you. We do not supervise the content created by you. 6.4 We reserve the right to delete any content created by you, such as comments or route ratings, without giving reasons. 6.5 We do not guarantee the accuracy of the content created.

7. Rights you grant us

7.1 In consideration for the rights granted to you under the Agreements, you grant us the right to allow the Vertical-Life Service to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Service, to provide advertising and other information to you, and to allow our business partners to do the same. In any part of the Vertical-Life Service, the Content you view may be influenced by commercial considerations, including agreements with third parties.

7.2 You grant us an irrevocable, free, non-exclusive, but unrestricted right of use to all content generated, transmitted, stored and published by you. We are therefore entitled to use all content regardless of the type of use within the framework of the Vertical-Life Service, as well as within the framework of our other activities. This also includes the right of modification and processing. However, your legitimate interests always take precedence. In this context, you grant us a free, unlimited, transferable and sublicensable right to use your content. In the case of the use of created contents outside of Vertical-Life, we refer to the author of the contents, if appropriate.

8. User Guidelines

8.1 Vertical-Life respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Vertical-Life stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

8.2 The following is not permitted for any reason whatsoever:

8.3 Vertical-Life may close or cancel the account of any registered user in the event of abuse or fraudulent use of that account.

8.4 Please respect Vertical-Life, the owners of the Content, and other users of the Vertical-Life Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

8.5 You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Vertical-Life account. You also agree that Vertical-Life may also reclaim your username for any reason.

8.6 Please be thoughtful about how you use the Vertical-Life Service and what you share. The Vertical-Life Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Vertical-Life or across the web, so please use Vertical-Life carefully. Vertical-Life has no responsibility for your choices to post material on the Service.

8.7 Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

9. Service Limitations and Modification

9.1 Vertical-Life will make reasonable efforts to keep the Vertical-Life Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Vertical-Life reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Vertical-Life Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Vertical-Life Service or any function or feature thereof.

9.2 Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Vertical-Life permanently discontinues prior to the end of the Pre-Paid Period, Vertical-Life will refund you the prepaid fees for the Pre-Paid Period after such discontinuation.

9.3 You understand, agree, and accept that Vertical-Life has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Vertical-Life and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

10. Warranty and Liability

10.1 To the extent permitted by law, we make no warranties or representations as to the suitability of Vertical-Life Service for your purposes or its proper, uninterrupted operation. The Vertical-Life Service is provided "as is" and "as available".

10.2 Consequently, we make no warranty that Vertical-Life will be available at all times, complete or error-free, or that the necessary software and hardware will operate error-free.

10.3 Accordingly, we do not warrant that the transmission of data via third-party systems, in particular, the Internet or telecommunications networks, will not be tracked, recorded or falsified by third parties.

10.4 You use the Vertical-Life Service entirely at your own risk. This applies in particular to: - the use of the hardware used for this purpose; - the downloading of own and third-party content; - any use and exploitation of the data created or provided by us, including but not limited to climbing routes [topos, approach, access...]. You acknowledge that such data may be inaccurate. To the extent permitted by law, we assume no responsibility for the accuracy of such data.

10.5 The use of Vertical-Life does not release you from the obligation to carefully review the conditions on site.

10.6 We do not warrant any external links, banners or other information or promotional offers that may be placed for you. Legal transactions that take place between you and a third party provider lead to contractual relationships exclusively between you and the third party provider. We do not assume any liability for the services of third parties.

10.7 We assume no liability for the accuracy, completeness or up-to-dateness of the content provided. Please note that within the framework of the Vertical-Life Service, users can post content. Such content cannot be checked by us for its correctness and legality and we do not adopt such entries as our own. If you notice any infringing entries by third parties, please contact [email protected]

11. Disclaimer of Liability

11.1 To the extent permitted by law, we will not be liable for any damages that you or any other person may suffer, directly or indirectly, for any cause whatsoever arising out of or in connection with the provision of the Vertical-Life Service, including damages for loss of data, opportunity, reputation, revenue or profit.

11.2 Notwithstanding the foregoing, we shall have no liability whatsoever for any downloaded material or material you receive as a result of using Vertical-Life. You alone will be liable for any damage that Vertical-Life may cause to your computer system or for the loss of data resulting from the downloading of any material related to Vertical-Life.

11.3 You assume full liability for any claim, action, proceeding or proceeding of any nature whatsoever arising out of or in any way connected with any conflict with other Users. You acknowledge and agree that in no event shall we be responsible in any way for the actions or omissions of any other User, including any damage arising out of such actions or omissions.

12. Exemption from Liability by the User

12.1 You shall indemnify us against all claims made by third parties against us for infringement of their rights by content posted by you through any other use of our applications. In doing so, you assume the costs incurred by us for a necessary legal defense, including all court and attorney fees.

12.2 If any third party makes a claim against us, you must promptly, truthfully and completely provide us with all information available to you that is necessary for an investigation and defense. In this case, we reserve the right to claim further damages.

13. Amendment of the Terms

Vertical-Life reserves the right to amend these Terms at any time without giving reasons. When using the Vertical-Life Service, consent to the amended Terms shall be deemed to have been given.

14. Privacy Policy

14.1 By using the Vertical-Life Service, you acknowledge that you have been clearly and comprehensibly informed about the legal provisions relating to data protection and that you have expressly consented to the collection, processing and use and permanent storage of your personal data by Vertical-Life and third parties commissioned by Vertical-Life to provide the service.

14.2 You give Vertical-Life express permission to inform you about update/adapt products, services etc via your email address (newsletter or similar). You may at any time opt out of receiving the information from Vertical-Life.

15. Miscellaneous

15.1 In the case that individual provisions of these Terms be or become invalid, the remaining provisions shall remain unaffected.

15.2 These Terms and all legal relationships and disputes between Users and Vertical-Life shall be governed exclusively by Italian law. The UN Convention on Contracts for the International Sale of Goods shall not apply.

15.3 The place of performance and exclusive jurisdiction for all disputes shall be Bolzano, Italy.

Sample Withdrawal

(If you want to withdrawal from the contract, please fill out this form and send it back.)

To Vertical-Life GmbH, Brennerstr. 32, 39042 Brixen, Italy, Email: [email protected]

I/we (*) hereby revoke from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

Ordered on (*)/received on (*)

Name(s) of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for paper communication)

Date

(*) Delete as appropriate