Thank you for visiting http://www.RateSkiGear.Com/ (the “Website”), which is owned and provided by Ski Prophet.com, LLC., (including its affiliates) (“SkiProphet”). Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available at http://www.rateskigear.com/, please do not use the Website or any services offered by the Website. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.
MEMBER ACCOUNTS
In order to use certain features of the Website you will have to create an account (“Member Account”). Please refer to our Privacy Policy for information on how we collect, use, store and protect any information you provide when creating your Member Account. You may never use another’s Member Account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for any losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use.
PROTECTING YOUR CHILDREN’S PRIVACY
The Website is not designed for or directed to children under the age of 13 and we ask that children under the age of 13 not submit any personally identifiable information.
INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”)are owned by SkiProphet and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between SkiProphet and you, all right, title and interest in and to the Content will at all times remain with SkiProphet and/or its Owners. The word “SkiProphet,” the “SkiProphet” logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of SkiProphet. With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by users of SkiProphet, such use is at the sole responsibility of such users stored upon SkiProphet’s servers and/or system solely at the direction of such user, and subject to the protections afforded to SkiProphet as an interactive service provider under Section 512(c) of the Digital Millennium Copyright act of 1998 (“DMCA”). Please see the Digital Millennium Copyright Act section below for more details on SkiProphet’s policies and procedures regarding any issues in relation thereto.
LIMITED USE; RESTRICTIONS ON USE
The use or misuse of any Content , except as provided in the Terms of Use or in the Content, is strictly prohibited. SkiProphet grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: (a) you shall not, without SkiProphet’s express written consent, distribute text or graphics to others, (b) you shall not, without SkiProphet’s express written consent, copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system, (c) you shall not use any tradename, trademark, or brand name of SkiProphet in metatags, keywords and/or hidden text, (d) you shall not, without SkiProphet’s express written consent, copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) you shall not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to SkiProphet, the Owner, or any third party referenced therein, and (g) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Content viewed or accessed, and SkiProphet’s posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under SkiProphet’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, SkiProphet may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
SUBMISSIONS
The Website permits you to upload and store certain opinions, content, videos and/or other online materials (“User Submissions”) to SkiProphet’s systems, networks, and servers and to publish, display, distribute, reproduce and/or perform such User Submissions, or any derivative work thereof, via the Website. In consideration of SkiProphet providing you with access to its systems, networks, and/or servers, you agree, represent and warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SkiProphet all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SkiProphet or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person (each “Prohibited Content”).
COMMUNITY GUIDELINES
In addition to the Community Forums, the Website may also include bulletin boards, blogs, chat rooms, comments sections, and other community forums (“Community Forums”) which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time. In connection with such services, you agree to abide by any rules that SkiProphet publishes in connection therewith, including but not limited to, the prohibition on use of the Website for any unlawful purpose. Without limiting the generality of the foregoing, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Community Forums any of the following (“Prohibited Submissions”):
- Any message, data, information, text, music, sound, photos, graphics, code or other material (“Posting”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Any Posting that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- Any Posting that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Any Posting that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files;
- Any Posting that is unrelated to the topic of the Community Forum in which such Posting is posted; or
- Posting that, in the sole judgment of SkiProphet, is objectionable or which restricts or inhibits any other person from using or enjoying Community Forum or the Site, or which may expose SkiProphet or its affiliates or its users to any harm or liability of any type.
RESPONSIBILITY FOR REVIEW
If you direct SkiProphet to store a User Submission and/or a Posting on the SkiProphet networks, systems or servers and/or otherwise make a User Submission and/or a Posting available via the Website, you shall, and hereby do, agree and acknowledge that (a) except as set forth herin, SkiProphet does not edit, review, select, censor or otherwise control the publication of any User Submission, (b) all User Submission and/or Postings are published by you and reside on SkiProphet’s systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any User Submissions and/or Postings uploaded, stored, published, or otherwise copied, distributed or displayed by SkiProphet at your direction, and (d) SkiProphet does not guarantee any confidentiality with respect to any User Submissions and/or Postings that you choose to upload and store on SkiProphet’s networks, systems or servers and publish or otherwise copy, distribute, perform or otherwise display using the SkiProphet Website. Further, although SkiProphet reserves the right to review any User Submission and/or Posting at any time, you acknowledge that SkiProphet is under no obligation to do so. Notwithstanding the foregoing, and in compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act, SkiProphet reserves the right, in its sole discretion, to refuse, remove or delete any User Submission and/or Posting at any time and for any reason.
GRANT OF LICENSE
In submitting a User Submission and/or Posting to SkiProphet, you hereby grant to SkiProphet, and SkiProphet's successor's and assigns, a worldwide, exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and/or Postings in connection with the purpose, functionality, and operation of the SkiProphet Website in the ordinary course of business, including the promotion, marketing or redistribution of part or all of the SkiProphet Website (and derivative works thereof) in any media formats and through any media channels for any purpose whatsoever. For the avoidance of doubt, you hereby acknowledge that SkiProphet may make a commercial use, display, distribution, reproduction, or performance any User Submission and/or Posting and that such use may be commercial in nature and, as a result, cause your User Submission and/or Posting to be associated with a particular advertiser. Accordingly, you hereby waive any objection to, such use, distribution, reproduction, display or performance of your User Submission and/or Posting, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “Moral Right,” “Droit Moral” or similar right or interest. For the further avoidance of doubt, subject to the foregoing licenses granted herein, as between SkiProphet and you, you retain all ownership rights in your User Submission and/or Posting, provided, however, that any licenses granted hereunder shall be perpetual and nothing shall restrict or prevent SkiProphet’s continued use, reproduction, performance, display or distribution of a User Submission and/or Posting, or any derivative work thereof, once such license has been by you to SkiProphet.
LINKS
The Website may contain links allowing you to leave the Website for other sites that are not under our control (“Linked Site”). SkiProphet provides the linked sites to you only as a convenience and does not endorse any Linked Sites. SkiProphet is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. SkiProphet is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. SkiProphet encourages you to carefully read the policies of each site you visit.
SUBMITTED IDEAS
While SkiProphet appreciates your interest in SkiProphet and the Website, SkiProphet does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of SkiProphet. Further, you understand and acknowledge that SkiProphet employs both internal rand external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that SkiProphet is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that SkiProphet assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, SkiProphet shall exclusively own, and you hereby irrevocably transfer and assign to SkiProphet, all now known or hereafter existing rights in and to the suggestion, and SkiProphet shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.
SKIPROPHET ONLINE PRIVACY POLICY
SkiProphet takes your privacy very seriously. SkiProphet’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.
DIGITAL MILLENNIUM COPYRIGHT ACT
SkiProphet is committed to respecting and protecting the legal rights of copyright owners. As such, SkiProphet adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (a) be provided to SkiProphet’s designated agent, (“Copyright Agent”), as set forth below, and (b) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
SkiProphet’s Copyright Agent to receive DMCA Takedown Notices is: Tim Flanagan, email: copyrightinfringement@rateskigear.com telephone: (307) 733-6183. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for SkiProphet to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
NO ARCHIVE
Notwithstanding anything contained herein, the functionality provided to you by the Website and SkiProphet’s systems, networks and servers are not an archive and SkiProphet shall have no liability to you or any other person for loss, damage, or destruction to any Review, Posting or any other information submitted to or via the Website and. You shall be solely responsible for maintaining independent archival and backup copies of any Review and/or Posting .
UNITED STATES ONLY
By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the SkiProphet Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Wyoming with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Wyoming, and (c) the exclusive jurisdiction of the courts of the United States and the State of Wyoming. Any claim or dispute between you and SkiProphet that arises in whole or in part from your use of the Website or in connection with this Terms or Use or the SkiProphet Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Teton County, Wyoming, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
DISCLAIMERS
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN SKIPROPHET HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKIPROPHET, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, SKIPROPHET DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. SKIPROPHET RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE. FURTHER, SKIPROPHET DOES NOT ENDORSE, APPROVE OR PROMOTE ANY PRODUCT OR SERVICE DISPLAYED ON THE WEBSITE, WHETHER BY YOU, A THIRD PARTY ADVERTISER OR ANY USER OF THE WEBSITE. THE ACTIVITIES WHICH CONSTITUTE THE SUBJECT MATTER OF THE WEBSITE INVOLVE AN INHERENT RISK OF DANGER AND SKIPROPHET DOES NOT ENCOURAGE, ENDORSE OR APPROVE ANY SUCH ACTIVITY. THE INFORMATION PROVIDED ON THE WEBSITE IS FOR CONVENIENCE ONLY AND SKIPROPHET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, OPINION, ADVICE, RECOMMENDATION OR SERVICE PROMOTED, ADVERTISED OR OFFERED BY ANY SKIPROPHET USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE SKIPROPHET WEBSITE, SKIPROPHET CONTENT, AND/OR USER SUBMISSIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SKIPROPHET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER SKIPROPHET, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF SKIPROPHET WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SKIPROPHET AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SKIPROPHET AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
NO FRAMING; LINKS; THIRD PARTY SITES
Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from SkiProphet.
ABILITY TO ACCEPT TERMS OF USE
You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.
ASSIGNMENT
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SkiProphet without restriction.
NOTICE
From time to time, SkiProphet may revise the Terms of Use. To help you stay current of any changes, SkiProphet takes the following two steps: (a) SkiProphet notes the date the Terms of Use was last updated below and (b) when SkiProphet makes a change to the Terms of Use, SkiProphet posts conspicuous announcements of such changes on the homepage of the Website for 30 days following the date the Terms of Use was updated. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. SkiProphet strongly recommends checking Terms of Use periodically. If, and only if, SkiProphet makes revisions to the Terms of Use that result in a material lessening of the restrictions on SkiProphet’s use or disclosure of your Personal Information, SkiProphet will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.
MISCELLANEOUS
SkiProphet’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
