Terms of Service

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and around the world.

Your use of our Services

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services for your personal, non-commercial use only. No part of the Services may be copied, reproduced, republished, posted, publicly displayed, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.

Your submissions and contributions

By posting Contributions through the Services, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, distribute, publish, broadcast, store, publicly perform, publicly display, reformat, translate, and exploit your Contributions for any purpose. You retain full ownership of your Contributions and any associated intellectual property rights.

You are solely responsible for your Contributions and warrant that: (a) you have all necessary rights and licenses; (b) you have the written consent of any identifiable individuals shown; (c) your Contributions do not infringe any third-party rights; and (d) your Contributions comply with these Terms and all applicable laws.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity to agree to these Terms; (4) you are not under the age of 13; (5) you are not a minor, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

4. User Registration

You are required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Services
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining or similar tools
• Attempt to impersonate another user or person or use the username of another user
• Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services
• Attempt to bypass any measures of the Services designed to prevent or restrict access
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services
• Use the Services as part of any effort to compete with us or for any unauthorized revenue-generating purpose
• Misrepresent your physical location when posting content at a skate spot, including using GPS spoofing or other methods to bypass location verification
• Post content that depicts or encourages trespassing, vandalism, destruction of property, or other illegal activity beyond incidental association with skating
• Impersonate another skater, public figure, or Blowup staff member, or create accounts intended to deceive other users about your identity

6. User Generated Contributions

The Services allow you to create, submit, post, display, transmit, and distribute content and materials, including videos, photos, comments, and other material (collectively, "Contributions"). Contributions may be viewable by other users. When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, and public display of your Contributions do not infringe the proprietary rights of any third party
• You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your Contributions
• You have the written consent of each identifiable individual person in your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not obscene, violent, harassing, defamatory, or otherwise objectionable
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not include any content that violates applicable law concerning child protection
• Your Contributions do not otherwise violate any provision of these Terms or any applicable law

7. Contribution License

By posting your Contributions to any part of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial or otherwise.

You retain full ownership of all of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any and all responsibility regarding your Contributions.

We have the right, in our sole discretion, to edit, redact, re-categorize, or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. Mobile Application License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Terms. You shall not: (1) decompile, reverse engineer, or decrypt the App; (2) make any modification or derivative work from the App; (3) violate any applicable laws in connection with your use of the App; (4) remove any proprietary notices from the App; or (5) use the App for any revenue-generating endeavor for which it is not designed.

Apple Devices

When you use the App obtained from the Apple App Store: (1) the license is limited to use on Apple iOS devices in accordance with Apple's usage rules; (2) we are responsible for providing maintenance and support for the App; (3) Apple has no obligation to furnish maintenance or support; (4) you represent that you are not located in a country subject to a US government embargo; and (5) Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.

9. Third-Party Websites and Content

The Services may contain links to other websites or content originating from third parties. Such third-party websites and content are not investigated, monitored, or checked for accuracy by us. We are not responsible for any third-party websites accessed through the Services or any third-party content available through the Services. Inclusion of any third-party links does not imply approval or endorsement by us. If you access third-party websites or content, you do so at your own risk and these Terms no longer govern.

10. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy at blowuplocal.app/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Services are hosted in the United States. Through your continued use of the Services, you consent to have your data transferred to and processed in the United States.

We do not knowingly accept or solicit information from children under 13. If we receive actual knowledge that anyone under 13 has provided personal information to us without verifiable parental consent, we will delete that information as quickly as reasonably practicable.

12. DMCA Notice and Policy

We respect the intellectual property rights of others. If you believe that any material available through the Services infringes upon any copyright you own or control, please notify our Designated Copyright Agent. All DMCA notifications should meet the requirements of 17 U.S.C. § 512(c)(3) and include: (1) a physical or electronic signature of the authorized person; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the infringing material; (4) your contact information; (5) a statement of good faith belief that the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law. We may terminate your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

14. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

15. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law principles.

16. Dispute Resolution

Informal Negotiations

The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will take place in Multnomah County, Oregon. If a dispute proceeds in court rather than arbitration, it shall be commenced in the state and federal courts located in Multnomah County, Oregon. In no event shall any dispute related to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis.

Exceptions

The following disputes are not subject to arbitration: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

17. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. Disclaimer

Skateboarding and related activities involve inherent risks of injury. Blowup does not endorse trespassing or skating in dangerous or prohibited locations. Users are solely responsible for their physical safety and for verifying that they have legal access to any location before skating. We are not liable for any injury, death, property damage, or legal consequences arising from activities at spots discovered through the Services.

19. Limitations of Liability

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Services.

21. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

22. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms.

25. Contact Us

To resolve a complaint regarding the Services or to receive further information, please contact us at: