Additional Terms and Agreements
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.
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:
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
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.
Third Party Sites
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.
Terminating Permission to Use Our Sites