Terms of Use |
|||
Upcoming events
Recent blog posts
Weather ::Who's onlineThere are currently 0 users and 151 guests online.
|
Posted on September 19 2006 at 07:00am by ozskier
1. Your Acceptance 2. Snowboard Magazine Website 3. Website Access B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Snowboard Magazine immediately of any breach of security or unauthorized use of your account. Although Snowboard Magazine will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Snowboard Magazine or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Snowboard Magazine servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Snowboard Magazine grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Snowboard Magazine reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. 4. Intellectual Property Rights 5. User Submissions B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Snowboard Magazine to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Snowboard Magazine, you hereby grant Snowboard Magazine a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Snowboard Magazine Website and Snowboard Magazine's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Snowboard Magazine Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Snowboard Magazine Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Snowboard Magazine Website. C. In connection with User Submissions, you further agree 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 Snowboard Magazine all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Snowboard Magazine 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. Snowboard Magazine does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Snowboard Magazine expressly disclaims any and all liability in connection with User Submissions. Snowboard Magazine does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Snowboard Magazine will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Snowboard Magazine reserves the right to remove Content and User Submissions without prior notice. Snowboard Magazine will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Snowboard Magazine also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Snowboard Magazine may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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 at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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 (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Snowboard Magazine's designated Copyright Agent to receive notifications of claimed infringement is: Bradford Fayfield, 5603 Arapahoe Avenue, Suite No.5 Boulder, CO 80303, email: copyright@Snowboard-Mag.com, telephone: 303-449-5100 x101, fax: 303-449-2427. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Snowboard Magazine customer service through http://www.Snowboard-Mag.com/feedback. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. E. You understand that when using the Snowboard Magazine Website, you will be exposed to User Submissions from a variety of sources, and that Snowboard Magazine is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snowboard Magazine with respect thereto, and agree to indemnify and hold Snowboard Magazine, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. F. Snowboard Magazine permits you to link to materials on the Website for personal, non-commercial purposes only. Snowboard Magazine reserves the right to discontinue any aspect of the Snowboard Magazine Website at any time. 6. Warranty Disclaimer 7. Limitation of Liability YOU SPECIFICALLY ACKNOWLEDGE THAT SNOWBOARD MAGAZINE AND STORM MOUNTAIN PUBLISHING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Storm Mountain Publishing from its facilities in the United States of America. Storm Mountain Publishing makes no representations that the Snowboard Magazine Website is appropriate or available for use in other locations. Those who access or use the Snowboard Magazine Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 8. Indemnity 9. Ability to Accept Terms of Service 10. Assignment 11. General |
|
|