Terms & Conditions
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 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”).
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.
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. Please use the contact form. 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.
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
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
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.