Rules of Use
The audio content and associated materials available on this website are only for your own personal, non-commercial use.
• You may transfer up to 4 times a purchased audio tour to a portable device (Smartphone, MP3 player, iPod, or any like device). Once transferred to a portable device, you agree not to copy, distribute or transfer it from that device to any other media.
• You may not send Barbary Coast Trail audio guide content to others via the internet, or allow others access or use of the content.
The content, including the audio portion and the trail map, is copywrited material and protected by intellectual property laws. You understand that your use of the Barbary Coast Trail audio guide is subject to the usage rules listed below. You may not authorize, encourage or allow any Barbary Coast Trail audio guide content or other materials downloaded by you to be reproduced, modified, performed, transferred, distributed or otherwise used by anyone else. You agree to notify Quicksilver Press promptly if to your knowledge any such unauthorized use(s) occurs.
Your use of any downloaded guides will be limited by the rules assigned to the guides by Quicksilver Press and described in this section. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with any Rules of Use or Material downloaded from the Barbary Coast Trail web site. Quicksilver Press reserves the right to modify the Rules of Use at any time.
Agreement to Terms of Use
These Terms and Conditions of Use apply to the Barbary Coast Trail guides and maps located at https://barbarycoasttrail.org. This web site and its contents are the property of Quicksilver Press. IF YOU VISIT OR SHOP AT BARBARYCOASTTRAIL.ORG, YOU ACCEPT THESE CONDITIONS AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE. In addition, when you use any current or future Quicksilver Press product or visit or purchase from any business affiliated with Quicksilver Press, whether or not included in the Barbary Coast Trail Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Quicksilver Press and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Quicksilver Press and protected by U.S. and international copyright laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Quicksilver Press express prior written consent.
Purchased Quicksilver Press Guides
A Barbary Coast Trail audio guide is a guide that you may (1) save to your hard drive, (2) unzip and burn to a CD and/or transfer to a compatible portable device for a limited number of times. Any security technology that is provided with a purchased guide is an inseparable part of it. It is your own responsibility not to lose damage or destroy purchased guides.
Availability of Downloads
Quicksilver Press will make every effort to make its Barbary Coast Trail guides available for download. On occasion, technical and other problems may delay or prevent delivery of your product. Your exclusive and sole remedy in respect of product that is not available for download within the agreed timescale (normally within 3 days of purchase) will be to contact customer service via email at info@barbarycoasttrail.org.
Use of Barbary Coast Trail Audio Guide Content
You may burn a purchased guide to CD up to 4 times provided that you agree not to copy, distribute or transfer the guide to any other device. Burning or transferring the guides shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.
You may transfer a purchased guide up to 4 times to a portable device. Once transferred to a portable device, you agree not to copy, distribute or transfer it from that device to any other media. Burning or transferring the guides shall not waive any rights of the copyright owners in respect of the files or media burned or transferred.
You may not send Barbary Coast Trail audio guide content to others via the internet, or allow others to use the content.
Technical Requirements
The Barbary Coast Trail audio guide requires the use of hardware and software tools to enable the guides to be played. This hardware and software is your sole responsibility. Once a product has been downloaded and you receive it, Quicksilver Press shall be without liability to you in the event of its loss damage or destruction.
Safety
The Barbary Coast Trail and our audio guides direct you to well-populated areas. It is your responsibility to maintain awareness of your surroundings while using the Barbary Coast Trail audio guide. Quicksilver Press is not responsible for any accidents, theft of property, or other criminal acts that may happen to persons while using a Barbary Coast Trail audio guide. You are responsible for your own safety so be careful at all times while using our guides.
Access to the Barbary Coast Trail Website
You may not attempt to gain unauthorized access to any portion or feature of our website, or any other systems or networks connected to our site or to any Barbary Coast Trail server, or to any of the services offered on or through our site, by hacking, password mining, or any other illegitimate means.
Interference with the Barbary Coast Trail Site
You may not probe, scan or test the vulnerability of the Barbary Coast Trail site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Quicksilver Press to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Quicksilver Press/Barbary Coast Trail audio tours on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Quicksilver Press or others.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions.
Privacy
Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Disclaimer of Warranties; Limitation of Liability
QUICKSILVER PRESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR BARBARY COAST TRAIL WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME QUICKSILVER PRESS MAY REMOVE OUR BARBARY COAST TRAIL WEB SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE BARBARY COAST TRAIL WEB SITE AT ANY TIME, WITHOUT NOTICE TO YOU. QUICKSILVER PRESS DOES NOT REPRESENT OR GUARANTEE THAT OUR BARBARY COAST TRAIL WEB SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND QUICKSILVER PRESS DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR BARBARY COAST TRAIL WEB SITE IS AT YOUR SOLE RISK. THE BARBARY COAST TRAIL WEB SITE AND ALL PRODUCTS SERVICES DELIVERED TO YOU THROUGH OUR BARBARY COAST TRAIL WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, ALL OF THAT ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION IS AT YOUR SOLE RISK, AND QUICKSILVER PRESS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS DOWNLOADED FROM OUR BARBARY COAST TRAIL WEB SITE.
Disputes
Any dispute relating in any way to your visit to barbarycoasttrail.org or to products you purchase through Quicksilver Press shall be submitted to confidential arbitration in San Francisco, CA, except that, to the extent you have in any manner violated or threatened to violate Quicksilver Press’s intellectual property rights, Quicksilver Press may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
