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Wild Canyon Terms Of Service
Eko Park Los Cabos S.A. DE C.V., better known as Wild Canyon Adventures, its subsidiary and affiliated companies, including without limitation Wirikuta, and Cabo Expeditions and its subsidiaries and affiliates maintain www.wildcanyon.com.mx and related websites, mobile apps, and WiFi Internet services (collectively, the “services”). Please read these Terms Of Service carefully, they contain important information regarding your legal rights including mandatory arbitration, no class relief, and waiver of your right to a jury trial. By using the site or any services you agree to these Terms Of Service. If you do not agree to these Terms Of Service, please do not use the site or the services. Last updated April 28, 2018.
Things to know:
- Free lockers with an ID, it will be returned to you during check-out.
- Bring comfortable clothes.
- Bring closed toes shoes.
- Bring biodegradable sunscreen, hat & sunglasses.
- Cash or Visa / Master Card credit card (Not American Express) for food and souvenirs.
- Cameras are only allowed in common areas, not while on tour.
- Pick-up Times: Your pick-up time will be confirmed within 24 hours of your purchase; it is usually from 60 to 20 minutes before your activity. Due to traffic, weather and other factors, the pickup could be 15 min after or before to the time confirmed.
Eko Park Los Cabos / Wild Canyon won’t refund if for some reason in the park you decide not to do the activity.
1. Acceptance Of Terms Of Service
Wild Canyon may modify these Terms Of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the services following the posting of any changes to the Terms Of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms Of Service via posting of updates on our services.
Our Sites and services are general audience Sites and services for adults. We will assume (and by using our Site(s) or services you warrant that) you have legal capacity to enter into the agreement set out in these Terms Of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access any of the services or any of the resources we have to offer, you may be asked to provide registration details. It is a condition of use of these Terms that all the details you provide be correct, current, and complete. We have the right to refuse you access to the services, or any of its resources, and to terminate or suspend your account for any reason.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on the services. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the services. You should visit this page regularly to review the current terms. Your continued use of the services will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITES OR SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms Of Service and any applicable Additional Terms each time you use any of the services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms Of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except your continued use of the Sites or services after you receive notice of an update to the Terms Of Service and/or applicable Additional Terms shall be deemed as your acceptance to all such revisions. In the event any notice to you of new or revised Terms Of Service or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the email you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised or additional Terms Of Service by discontinuing use of the Site and services.
2. Permitted Uses
Your use of the services shall be limited solely to your personal and non-commercial use. The services contain material that is derived in whole or in part from material supplied and owned by Wild Canyon as well as third parties (“Content”). As between Wild Canyon and You, Wild Canyon owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the services and Content. You acknowledge Wild Canyon’s valid intellectual and proprietary property rights in the services and Content and that your use of the services is limited to the access, viewing and downloading of Content, all solely as authorized by Wild Canyon. Nothing in these Terms Of Service shall be deemed to convey to you any right, title or interest in or to the services or Content or to any portion thereof except for the limited rights expressly granted herein. You may use the services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the services or Content, or (iii) any advertisement on the services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the services or Content unless expressly permitted by Wild Canyon in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or services with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the services. See Section 9 for terms applicable to use of links to the services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the services or its servers and infrastructures. You may not, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the services or Content, whether or not for profit. To the extent that Wild Canyon makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content. You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. Access To The Site And Availability Of Services
Wild Canyon may change, suspend or discontinue any aspect of the Site or services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability.
You are responsible for any charges incurred in obtaining access to the Site and services.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our services or these Terms Of Service.
4. Digital Items, Subscriptions And Credits
Purchases of usage subscriptions (including credits, points, and/or virtual currency) or any virtual items made available on the services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your usage subscriptions or virtual items, which remain our Content. We may also immediately suspended or terminate the rights we grant you to usage subscriptions and virtual items for any or no reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
We do not recognize the transfer of usage subscriptions or virtual items (including for “real” money or any other consideration or items of value whether inside or outside of the services). Accordingly, you may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
If we suspend or terminate any usage subscriptions or virtual items, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing you any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the services.
6. Your Conduct And Acceptable Use
The following rules are a condition of your use of and access to the services. You are responsible for the content of your communications (including User Content as defined in Section 8) via the services.
- No Interference. You may not interfere with any other user from using or enjoying the services.
- No Bullying. You may not use the services to threaten, abuse, harass, or invade the privacy of any third party.
- Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
- Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
- Don’t Damage Our Site, Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other services, or to obtain unauthorized access to the services or Content or any data or other information of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the services or use the services, Content or any information contained therein for any unlawful purpose. Wild Canyon, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the services violates this provision.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation Wild Canyon or with any other person or entity.
- No Criminal or Unlawful Conduct. You may not use the services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
- Follow These Terms Of Service and Conduct Rules. You may not take any action on the services that violates any applicable law or these Terms Of Service.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
8. User Content; Grant Of Limited License
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members. If you post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Wild Canyon (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Wild Canyon the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Wild Canyon, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Wild Canyon under these Terms Of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Wild Canyon, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms Of Service obligates or may be deemed to obligate Wild Canyon or any other person or entity to exercise any of the rights granted by you under these Terms Of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms Of Service. You agree that Wild Canyon, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so. No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Wild Canyon, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that Wild Canyon does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content. Use of Name and Likeness: By posting User Content on the services, you consent to the recording, use and reuse by Wild Canyon, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Wild Canyon, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Wild Canyon, or related Sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. Ownership: Except as expressly set forth in these Terms Of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Wild Canyon or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Wild Canyon. Idea Submissions Prohibited: Wild Canyon does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Wild Canyon through the services, including posts on any Site or any third party social network or website, or by email, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Wild Canyon the right and license to the submission as if it were User Content as specifically set forth above. In addition, Wild Canyon retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Wild Canyon’s receipt of your unsolicited ideas and materials is not an admission by Wild Canyon of their novelty, priority, or originality, and it does not impair Wild Canyon’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials. Public Nature of Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of Wild Canyon. Notwithstanding anything else in these Terms Of Service, Wild Canyon should not be seen as endorsing any User Content in any way. None of Wild Canyon or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content. Liability for User Content: User Content does not reflect the views of Wild Canyon. Notwithstanding anything else in these Terms Of Service, Wild Canyon should not be seen as endorsing any User Content in any way. User Content posted through the services are provided by users like you, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not Wild Canyon, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the services. None of Wild Canyon or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the services, nor shall they have any liability for any such User Content. Wild Canyon does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or services, you may be exposed to User Content that is offensive, indecent, or objectionable.