Effective Date: July 1, 2010
SSI may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
If you have any questions about this Agreement, please contact us at email@example.com.
This Agreement applies to SSI’s conduct in connection with the SSI’s websites (the “Website”) located within the <snowsummit.com> and <bearmountain.com> domain, and any other SSI controlled website that link to this Agreement.
LICENSE TO USE WEBSITE
As long as you are in compliance with the terms of this Agreement and all associated documents incorporated herein, SSI hereby grants you a limited, revocable, non-assignable, non-sublicensable, non-exclusive license to access the Website via an ordinary Internet browser, to view the Website and all information and materials, including but not limited to the Materials, as defined herein. The Agreement impacts your legal rights and responsibilities and should be read carefully. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license. No other rights are granted, implied or otherwise.
SSI makes available the information and materials on the Website, including but not limited to summaries, descriptions, user profiles, professional summaries, text, articles, videos, images, graphics, publications, news, surveys, seminars, tutorials and any other such materials appearing on the Website (the “Materials”), for general informational purposes only.
The Materials are not intended to constitute, and DO NOT constitute, financial, tax, investment, medical, legal or business advice. Those accessing the Materials should not act upon them without first seeking business, legal, financial, tax, investment, medical or other such counsel, as these Materials are general in nature, and may not apply to a particular circumstance. As such, the Materials should not be used as a substitute for consultation with a professional adviser. Please consult a professional adviser should you have questions regarding any of the above mentioned issues. Neither SSI, nor its affiliates, employees, agents, officers or directors will be responsible for any decisions you may make.
The Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, service information, product description or availability, and may not be complete or current. SSI reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods, services or locations that may appear on the Website. However, we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product, service or location actually comports with its Depiction or description.
Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by SSI or the benefits of employment with SSI are provided purely for informational and illustrative purposes. SSI does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Website. SSI reserves the right to cease offering any such goods, services or benefits to any prospective or actual employee or customer at any time, in all cases without notice or liability.
AVAILABILITY OF SERVICE
While SSI makes reasonable efforts to ensure that the Website is available at all times, SSI does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and SSI does not guarantee that users will be able to access or use all or any of the Website features at all times. SSI may change, suspend or discontinue any (or all) aspects of the Website at any time in its sole discretion. SSI may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability. You are prohibited from attempting to or actually accessing those portions of the Website for which you have no permission.
You acknowledge and agree that SSI may send you important notices or other information related to the Website by email or through other means, including mobile or other hand held devices. You acknowledge and agree that SSI has no liability related to or arising from any failure by you to maintain accurate or up to date contact information, or other profile information, or related to your failure to receive important or critical information regarding the Website.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. You must provide true and accurate information at all times in any Material, Content, Submission, or other material that you provide or upload to the Website. In addition, your use of the Website is conditioned on your compliance with the within rules of conduct as well as all other terms of the Agreement.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any SSI employee, agent, or representative; or expressing or implying that SSI endorses any statement you make. You agree to review and promptly comply with all messages received from SSI regarding the Website. You may not use any information obtained from the Website to harass, spam or intimidate others or to contact them without their permission.
You must keep your user password and any other information needed to login to the Website, if applicable, confidential and secure. SSI is not responsible for any unauthorized access to your account by other Website visitors and any ramifications of such access, and may take no action to disable any account until given explicit notice by you. Under confirmed unauthorized use circumstances, SSI may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact firstname.lastname@example.org with the term “Account Breach Notice” in the subject line.
You may not modify, adapt, translate, copy, reverse engineer decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or making available in connection with the Website any denial of service attack, virus, worm, Trojan horse, root kit or other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or mine, harvest or collect personally identifiable information about Website visitors or users, or about SSI employees or other individuals identified on the Website, without their express written consent.
You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including, if applicable, sharing of passwords and login information) to the Website or the Materials. You may not mine or harvest information from the Website, including any scraping of the Website. You may not use the Website to solicit any other Website users, either through Website functionality or through outside functionality. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website, the Materials or the Website’s content, including SSI’s or any other party’s intellectual property thereon, without our prior express written authorization.
CONTENT SUBMITTED OR MADE AVAILABLE TO SSI
You are under no obligation to submit anything to SSI, and SSI will not claim ownership of any text, software, music, sound, photographs, graphics, video, messages or tags (“Content”) you submit or make available through or on the Website. However, should you choose to utilize the Website to submit, upload, or otherwise provide any Content to SSI, you hereby grant SSI a worldwide, fully paid, royalty-free, nonexclusive, unrestricted, unlimited, assignable, sub-licensable, perpetual, irrevocable license to SSI to use, copy, distribute, reproduce, modify, adapt, improve, create derivative work from, publish, remove, delete, translate, publicly perform, publicly display and commercialize the Content, in whole or in part, in any way or manner now known or in the future discovered or developed, and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any person or entity, without further consent, and without any liability whatsoever. You further expressly permit, license, and assent to SSI’s right to register, deposit, or otherwise record any modification or derivative work created by SSI from the Content with any foreign or domestic registrations body, including but not limited to the United States Copyright Office or the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights in the Content, in favor of SSI and any of its successors or assigns.
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) or other Content to SSI, you hereby explicitly agree, represent and warrant that: (a) all such Submissions and Content are true and accurate, (b) such Submissions and Content do not contain confidential or proprietary information, and their provision is not a violation of any contractual or legal right of any party; (c) SSI is not under any obligation of confidentiality relating to the Submissions or Content, either express or implied; (d) SSI shall be entitled to use or disclose the Submissions or Content in any way, manner, purpose or otherwise, worldwide; (e) SSI may have under consideration or development similar ideas to the Submissions or Content; and (f) you are not entitled to any compensation or reimbursement of any kind from SSI in exchange for the Submissions.
Further, SSI may access and use the Website and any service or information stored thereon, including the contents of any Content or Submissions, for any lawful purpose. SSI may disclose the contents of any Content or Submissions, including the identity and other personal information of any user, submitter or poster of such materials, to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
You agree not to upload, distribute, make available, or otherwise publish through the Website or any service thereon, any Content or Submission that:
• contains a virus, corrupt file, or any other similar software of programs which may damage the operation of another’s computer;
• is unlawful or encouraging of another to commit unlawful activity;
• is violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party;
• is defamatory, libelous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or publicity rights, abusing, threatening, harassing, threatening, or otherwise objectionable;
• constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by SSI;
• contains a contest, pyramid scheme or chain letter;
• may restrict or inhibit any other user from using the Website; or
• violates any rules of conduct which may be applicable to a particular Website.
SSI retains the right, but not the obligation, to monitor any activity and Submission or Content submitted, posted, uploaded, or otherwise communicated to SSI or the Website, or is made available on the Website. SSI may block, edit, modify or remove any Submission or Content it deems to be violative of this Agreement, or any other Content or Submissions that SSI deems, in SSI’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of SSI, the Website or the particular area of the Website to which such Content or Submission may have been placed. However, SSI takes no responsibility and assumes no liability for any Content or Submission posted by you, or any damage caused by another user’s access to such content on the Website, whether before or after any removal of such Content or Submission by SSI. SSI in no way endorses any Content or Submission posted to or made available through the Website.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, logos and any designs used or displayed on the Website specific to SSI are trademarks and/or service marks owned by SSI. Any use of the SSI trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of SSI is strictly prohibited.
Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved.
SSI can be reached by directing communications to:
Snow Summit 880 Summit Blvd / POB 77 Big Bear Lake, CA 92315 email@example.com
If you believe in good faith that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
• Information reasonably sufficient to permit SSI to contact you;
• 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 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.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact SSI’s designated DMCA Copyright Agent:
Patrick M. Kelly, Esq. c/o Wilson, Elser, Moskowitz, Edelman & Dicker LLP 555 South Flower Street Los Angeles, California 90071 (213) 443-5100 Patrick.Kelly@wilsonelser.com
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any Content, Submission, or other material posted on the Website infringes any of your rights other than in copyright, or is otherwise unlawful, you may send a notice to firstname.lastname@example.org containing the following information:
• Your name, physical address, e-mail address and phone number;
• A description of the Content, Submission, or other material posted on the Website that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
• Identification of the location of the material on the Website;
• If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
• If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
• A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
• Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in SSI’s sole discretion, SSI will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
ENFORCEMENT OF THE AGREEMENT
SSI may investigate any reported, alleged or suspected violation of this Agreement, and take any action that SSI, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time. SSI reserves the right to recover those amounts spent in connection with enforcement, from any violation of these terms.
This Agreement is personal to you, and you have no right to assign this Agreement to any party. SSI may assign all of part of this Agreement to any party, at any time. SSI may substitute itself, by way of unilateral novation, effective upon notice to you or upon posting to the Website, for any third party that assumes SSI’s rights and obligations under this Agreement.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL SSI, ITS DIRECTORS AND OFFICERS AND EMPLOYEES, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR ANY ORDERS PLACED THEREON. SSI DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR PROCESSING AND DELIVERY OF ANY ORDER WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, SSI DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY SSI TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. ADDITIONALLY, SSI DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY YOU TO SSI VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. FURTHER, NEITHER SSI, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE OR PROCESSING OR DELIVERY OF ANY ORDER PLACED ON THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR THE PLACEMENT OF ANY ORDER HEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND SSI SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, ANY SERVICE PROVIDED VIA THE WEBSITE AND ANY ORDER PLACED HEREON.
You agree to defend, indemnify and hold harmless SSI, its affiliates, assignees, successors-in-interest and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
• Your activities in connection with the Website;
• Any violation of this Agreement by you;
• Any improper or unauthorized use of the Materials by you;
• Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of software, services, Content or any other such service or information which appears on the Website; and,
• Any allegation that anything you transmit or attempt to transmit, including but not limited to any Content or Submission you submit, post, or otherwise make available, through or in connection with the Website, infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website and its contents are provided solely for providing information. The Website is controlled and operated by SSI from California. As such, any dispute arising under the Agreement shall be resolved exclusively by California state or federal courts, applying California law, regardless of principles of conflicts of laws, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
LINKS TO OTHER WEBSITES
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that SSI discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission's website for this act: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
Effective Date of Current Policy: July 1, 2010
This Agreement applies to SSI’s conduct in connection with the SSI’s websites (the “Website”) located within the <snowsummit.com> and <bearmountain.com> domain, and any other SSI controlled website that link to this Agreement.
Regardless of where our servers are located, your personal data will be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THIS WEBSITE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY PERSONAL AND NON-PERSONAL INFORMATION COLLECTED OR OBTAINED BY SSI THROUGH VOLUNTARY SUBMISSIONS, AND THAT UNITED STATES LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.
COLLECTION OF INFORMATION
Through this website, SSI collects no Personal Information about you unless you voluntary submit it. When submitting an order or inquiry to the Website or utilizing services available on the Website, you may be asked to provide personal information, including but not limited to, your name, telephone number, mailing address, email address, credit card information and other such information. Furthermore, SSI may collect personal information about you should you voluntary submit it. It is possible to submit such information by clicking on various links, such as “Contact Us.”
SSI may collect non-Personal Information about you or your activity at the Website. Non-Personal Information may be collected at various stages in the Website, including when you post non-Personal Information to a profile. The Website may automatically recognize and store information about the type of browser you are using; your Internet Protocol (“IP”) address; the time, date, and length of your visit; the pages you visit, and the referring site. This information, if collected, is collected via computer code sent to your computer (commonly referred to as “cookies”). The cookies may not expire, unless you manually delete them or set your browser to reject them. If you do not accept the cookies, however, you may have difficulty navigating the Website. Furthermore, the Website may utilize Web beacons, embedded Web links, and other commonly used information-gathering tools.
SSI uses non-personal information to manage the Website. SSI may analyze the data about visits to the Website to make it more accessible and interesting for visitors. Further, SSI may share this data with third parties to provide services for SSI associated with the maintenance of the Website. Additionally, SSI may disclose information about which Website pages you visit on the Website.
If you submit Personal Information to the Website, the information will be used for the purpose you requested or for which it is collected or for any purpose you subsequently authorize. That information may be stored and maintained for as long as is reasonable necessary to effectuate the service you request and for a reasonable time thereafter. SSI will process this information in a manner which is consistent with the purposes for which it has been collected or subsequently authorized by you.
SSI may use your Personal Information to contact you regarding the Website or to inform you of other products or services available from SSI and its affiliates. SSI may also use such information to contact you via surveys to conduct research about your opinion of current services or of potential new services to be offered. SSI may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you.
SSI may disclose any such information to the extent that it is required by law or to such an extent as it reasonably believes is necessary to protect its legal interests. The information collected from you may be transferred or disclosed to a third party in connection with a sale, acquisition, merger or bankruptcy involving SSI.
If you do not wish SSI to use your information in accordance with this policy, please do not submit any personal information to SSI.
UPDATE AND OPT-OUT
If you would like to update any of your information, or if you do not want to receive information from SSI, please contact us at email@example.com. At such a time, SSI may request that you verify your identify so that SSI may ensure the accuracy and lawfulness of granting you such access.
SSI will make reasonable efforts to honor any request you make, including requests to access and update the information stored by SSI and requests that SSI forgo contacts with you in the future or delete your information, except to the extent that the burden for providing such access and correction would be disproportionate to the risks to your privacy in the case in question, or as otherwise permitted by applicable law. Please note that if you make an opt-out request or a request to modify your information, SSI may retain your contact information or your original information to make efforts to ensure that you are not contacted in the future and for archival purposes. Additionally, please note that if you request SSI to refrain from sharing your information with third parties, SSI may be unable to fulfill various requests made by you.
To the extent required by the CAN-SPAM Act, or other similar domestic and international regulation, commercial e-mail messages sent by SSI may also provide you with an opportunity to opt-out of receiving this information. However, you explicitly permit contact by SSI and its assignees and successors-in-interest to contact you by email and facsimile. Please note that changes to your preferences may not be effective immediately.
CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83, also known as S.B. 27, or the “Shine the Light” law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org with “Request for California Privacy” in the letter subject line. You must include sufficient detail for us to locate your file; at a minimum, your name, email and postal address.
We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that the California Shine the Light law does not cover all information sharing. Our disclosure only includes information covered by the law.
© 2010, Snow Summit, Inc. All rights reserved.