Welcome
to the websites of ApresLIVE.com. The Amplified Associates and
its affiliates ("ApresLIVE.com", "we", "us", or "our") provide
these websites to you, subject to the following Terms of Use
("Terms of Use"), which govern your use of any of our
websites containing a link to these Terms of Use (collectively,
the “Sites”). Please read these Terms of Use carefully
before using our Sites. By using any of our Sites, you agree to
these Terms of Use. If you do not agree to these Terms of Use,
you should not use our Sites or the services we provide on them.
Privacy
By agreeing to the Terms of Use, you
agree to the terms of our Online
Privacy Policy, which is expressly incorporated into
these Terms of Use. All personal data provided to us as a result
of your use of these Sites 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 Sites, to make purchases or
reservations on our Sites, to participate in certain promotions
available through our Sites, 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 Sites, which may 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.”
ApresLIVE.com
Content
Our Sites
contain text, graphics, video, audio, or other content provided
by ApresLIVE.com or its partners (collectively, “ApresLIVE.com
Content”) and such content is protected under applicable
intellectual property laws. All ApresLIVE.com Content and
related intellectual property rights are the property of
ApresLIVE.com or the material is included with the permission of
the rights. ApresLIVE.com grants you permission and license to
lawfully access and use these Sites and to display, print, or
download one copy of the ApresLIVE.com Content on any single
computer for your personal, noncommercial use only, provided
that you (a) do not modify the ApresLIVE.com Content; (b) you
retain any and all copyright and other proprietary notices
contained in the ApresLIVE.com Content; and (c) you do not copy,
post, distribute or transmit the ApresLIVE.com Content on any
other website, via any network computer or broadcast the
ApresLIVE.com Content in any media.
You expressly
recognize and agree that ApresLIVE.com' trademarks, including
our resort and hotel names and logos (the "ApresLIVE.com Marks")
are the sole property of ApresLIVE.com. You are not authorized
to display or use the ApresLIVE.com Marks or the trademarks,
product names, company names, logos, service marks and/or trade
dress of any other owners featured on our Sites without the
prior written permission of the owner.
Any applicable
software you may download from or access on our Sites, including
any files, images, or data accompanying the software
(collectively, the "Software") are licensed to you by
ApresLIVE.com for the limited use described in the preceding
paragraph. ApresLIVE.com transfers no right, title or interest
in the Software to you. ApresLIVE.com 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 Sites 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 Apres LIVE service allows you to
upload your photographs to the Apres LIVE Site for posting and
sharing through your Apres LIVE account.
By posting any
User Content on the Site, you expressly grant, and represent and
warrant that you have the right to grant, to ApresLIVE.com 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.
ApresLIVE.com 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
ApresLIVE.com does not convert the User Content into
ApresLIVE.com Content.
Conduct
You agree to not
use the Sites 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 Sites;
(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 Sites or servers or
networks connected to the Sites, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Sites;
(k) violate any applicable local, state, national
or international law, and any regulations having the force of
law.
Special Considerations Related to Après LIVE
ApresLIVE.com provides the option for you to share your
experiences at our resorts with others through your Après LIVE
account and the Après LIVE mobile applications. If you open an
Après LIVE account, you understand that ApresLIVE.com will
collect and maintain information related to your use of your ski
pass at our resorts. ApresLIVE.com publishes that information to
your Après LIVE account in order to provide the Après LIVE
service to you. If you agree to have your picture taken by
one of our professional photographers, we will upload the
photographs to your Après LIVE account in order to provide you
with the Après LIVE photography services. We will also collect
and publish the User Content, such as your personal photographs,
that you submit in connection with your Après LIVE account.
The Après LIVE service allows you to share content through
various platforms, websites, and mobile applications, including
Facebook and Twitter. You understand that ApresLIVE.com does not
control what information gets published to those sites or who
has access to that information. Those sites are managed by third
parties and governed by the term of use and privacy policies
published on those sites.
Après LIVE allows you to
upload and share photographs and tag or identify other Apres
LIVE users in a photograph. You agree not to tag users without
their consent. You agree not to post a photograph of a minor
child or tag a minor child in a photograph without the consent
of that child’s parent or guardian. If a user requests that you
remove a photo containing their image or delete a tag, you will
do so immediately. ApresLIVE.com reserves the right to
remove photographs or tags at its discretion.
You
understand that when you publish User Content to Après LIVE
using the “public” setting (including posting photographs), it
means you are allowing anyone to access and use that User
Content.
You understand that Après LIVE allows you to
manage who can see User Content and other information in your
Après LIVE account. To learn more about managing your Après LIVE
account settings, visit our Apres
LIVE Privacy.
Copyright Infringement
Complaints
ApresLIVE.com respects the intellectual
property of others, and we ask our users to do the same. If you
believe that content on the Sites 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 ApresLIVE.com’
copyright agent 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:
E-mail: comments@apresLIVE.com (please include “attn:
Copyright Agent” in the subject line)
ApresLIVE.com may
terminate use of our Sites by repeat infringers in appropriate
circumstances pursuant to the DMCA.
Registration and
Password Protection
You may wish to register on one of
our Sites 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 Sites from time to
time. In consideration of your use of the Sites, if you register
on any of our Sites, you agree to provide true, accurate,
current and complete information about yourself.
You
may not register on our sites 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 each of our public Sites,
provided that the hyperlink accurately describes the content as
it appears on the applicable Site. You are further granted a
right to implement the RSS feeds located on our Sites for your
personal, non-commercial use, solely as described on our
Sites. ApresLIVE.com 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" any of our Sites or copy portions of our Sites to a
server, except as part of an Internet service provider's
incidental caching of pages. When a page of any of our Sites is
accessed from a link (including RSS feeds) featured on your web
site, each page within our Sites 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 these Sites and
the information and services we make available through these
Sites (collectively, “Feedback”). The Feedback you provide to us
through these Sites 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
Indemnity
You agree to indemnify and hold Amplified Associates, ApresLIVE,
and its 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 Sites (including
any information, materials, products or services available
through these Sites), your connection to the Sites, your
violation of the Terms of Use, or your violation of any rights
of another.
Third Party Sites
Our Sites 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
ApresLIVE.com’ Privacy Policy
Disclaimer of Warranties
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APRESLIVE.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, WITH RESPECT TO THESE SITES, THEIR CONTENT, THE
SOFTWARE, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE
ON THE SITES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. APRESLIVE.COM MAKES NO WARRANTY:
THAT THE SITES WILL MEET YOUR REQUIREMENTS; THAT THE SITES WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE
ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES 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 APRESLIVE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE SITES OR ANY WEB SITE WITH WHICH THEY ARE
LINKED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THESE SITES, OR
OTHERWISE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SITES; (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 SITES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES. 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 ApresLIVE.com’ Content, Software or
other intellectual property obtained from any Site and all
copies and installations thereof, and deleting any accounts you
have established on the Sites. ApresLIVE.com may terminate
these Terms of Use or your access to the Sites (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 Sites 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
Sites 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