WEBSITE TERMS OF USE
Welcome to the website of The Mountain Collective (“TMC,” “we,” “us,” or “our”), this website is provided to you, subject to the following Terms of use (“Terms of Use”), which govern your use of our website and our web-based platform containing a link to these Terms of Use (collectively, the “Site”). Please read these Terms of Use carefully before using our Site. By using our Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use our Site or the services we provide on them.
Privacy
By agreeing to the Terms of Use you agree to the terms of our Privacy Policy, which is expressly incorporated into these Terms of Use as well as included across our Site. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.
Additional Terms and Agreements
We may also require you to follow additional rules or guidelines in order to sign up to use various special features or password-protected areas of our Site, to make purchases or reservations on our Site, to participate in certain promotions available through our Site, or for other reasons. In such cases, you may be asked to expressly consent to additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. In addition, certain policies or terms of sale may apply to online purchases or reservations made on our Site, which may be deemed accepted when you complete or confirm your purchase or reservation. All additional terms and click-through agreements as described in this paragraph are referred to as “Additional Terms.”
The Mountain Collective Content
Our Site contains text, graphics, video, audio, or other content provided by TMC or its partners (collectively, “TMC Content”) and such content is protected under applicable intellectual property laws. All TMC Content and related intellectual property rights are the property of TMC or the material is included with the permission of the rights. TMC grants you permission and license to lawfully access and use the Site and to display, print, or download one copy of the TMC Content on any single computer for your personal, noncommercial use only, provided that you (a) do not modify TMC Content; (b) you retain any and all copyright and other proprietary notices contained in the TMC Content; and (c) you do not copy, post, distribute or transmit the TMC Content on any other website, via any network computer or broadcast the TMC Content in any media.
You expressly recognize and agree that TMCs’ trademarks, including our brand and product names and logos (the “TMC Marks”) are the sole property of TMC. You are not authorized to display or use the TMC Marks or the trademarks, product names, company name, logos, service marks and/or trade dress of any other owners featured on our Site without the prior written permission of the owner.
Any applicable software you may download from or access on our Site, including any files, images, or data accompanying the software (collectively, the “Software”) are licensed to you by TMC for the limited use described in the preceding paragraph. TMC transfers no right, title or interest in the Software to you. TMC retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Content You Submit to the Sites
Some of our Site may provide you with the ability to add, create, upload, submit, distribute, post, or share on or through the Site, content, including without limitation information, website links, opinions, photos, profiles, graphics, videos, and audio clips (“User Content”). For example, the Mountain Collective Site allows users’ photos to be uploaded to our social media feed by associating “#mountaincollective” to their social media post.
By posting any User Content on the Site, you expressly grant, and represent and warrant that you have the right to grant to TMC a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works, and sublicense your User Content in any manner or through any media now known or later developed without any payment to you.
TMC may choose, in its sole discretion, to pre-screen, edit, refuse, move or remove any User Content posted to the sites. You agree that exercise of that discretion by TMC does not convert the User Content into TMC Content.
Conduct
You agree to not use the Site to:
(a) upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) engage in or facilitate harassing conduct aimed at any other person or entity;
(c) harm minors in any way;
(d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
(f) upload, post, e-mail or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) upload, post, e-mail or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(i) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) violate any applicable local, state, national or international law, and any regulations having the force of law.
Copyright Infringement Complaints
TMC respects the intellectual property of others, and we ask our users to do the same. If you believe that content on the Site infringes your work, or the work of a third party for whom you are authorized to act, please send a notice of the alleged infringement to TMC’s Legal team including all of the following information, pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”):
• An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
• A description of the work that you claim has been infringed, including the URL, website location, or other identifying characteristics;
• Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
• A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.
Please send the notice of alleged infringement by any of the following:
Attn: Legal
U.S. Mail: Aspen Skiing Company as Managing Member for The Mountain Collective
PO Box 1248, Aspen Colo. 81612
TMC may terminate use of our Site by repeat infringers in appropriate circumstances pursuant to the DMCA.
Registration and Password Protection
You may wish to register on our Site in order to access a service, receive information, make a purchase, enter an online promotion, or for other purposes indicated on various sections of our Site from time to time. In consideration of your use of the Site, if you register on any of our Site, you agree to provide true, accurate, current and complete information about yourself.
You may not register on our Site or open an account if you are under the age of 13.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, and until we are so notified you will remain liable for any unauthorized use of your account.
Links to the Sites and RSS Feeds
Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the home page of our public Site, provided that the hyperlink accurately describes the content as it appears on the Site. You are further granted a right to implement the RSS feeds located on our Site for your personal, non-commercial use, solely as described on our Site. TMC reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time at our discretion. Under no circumstances may you “frame” our Site or copy portions of our Site to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of our Site is accessed from a link (including RSS feeds) featured on your web site, each page within our Site must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within the Site.
Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”). The Feedback you provide to us through the Site will become and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, reproduce, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit.
International Use of our Sites
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You assume all knowledge of applicable laws and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Indemnity
You agree to indemnify and hold TMC, and its members, affiliates, officers, agents or other partners, and employees, harmless from any claim, liability, loss, expense or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to or transmit through the Sites, your use of the Site (including any information, materials, products or services available through the Site), your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
Third Party Sites
Our Site may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Third party websites are not bound by these Terms of Use or by TMC’s Privacy Policy
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MOUNTAIN COLLECTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE SOFTWARE, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MOUNTAIN COLLECTIVE MAKES NO WARRANTY: THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MOUNTAIN COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE SITE, OR OTHERWISE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Terminating Permission to Use Our Sites
You may terminate these Terms of Use at any time by ceasing your use of our Sites, destroying all TMC Content, Software or other intellectual property obtained from the Site and all copies and installations thereof, and deleting any accounts you have established on the Site. The Mountain Collective may terminate these Terms of Use or your access to the Site (in whole or in part) at any time if you violate these Terms of Use in any way.
Modifications to Terms of Use
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Alterations of our Site in no way affect the Terms of Use themselves. Please check the Terms of Use periodically for changes. Modifications become effective immediately upon being posted on the Site, without further notice to you. Your continued use of our Site following the posting of changes to the Terms of Use will mean you accept those changes
Miscellaneous
This agreement is governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue for any legal proceedings related to these Terms of Use shall be in the state and federal courts located in Denver, Colorado. If we fail to enforce any provision of these Terms of Use, it will not be considered a waiver of our rights. If any portion of these Terms of Use is held to be unenforceable, then the remaining clauses and provisions will remain in full force and effect. Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of this agreement shall survive the termination of this agreement. These Terms of Use, including our Privacy Policy and any Additional Terms, constitute the entire agreement between you and The Mountain Collective, superseding any prior agreements between you and The Mountain Collective with regard to your use of the Site. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisitions, or sale of our assets.
