Additional Terms and Agreements
Aspen Skiing Company Content
Our Sites contain text, graphics, video, audio, or other content provided by Aspen Skiing Company or its partners (collectively, “Aspen Skiing Company Content”) and such content is protected under applicable intellectual property laws. All Aspen Skiing Company Content and related intellectual property rights are the property of Aspen Skiing Company or the material is included with the permission of the rights. Aspen Skiing Company grants you permission and license to lawfully access and use these Sites and to display, print, or download one copy of the Aspen Skiing Company Content on any single computer for your personal, noncommercial use only, provided that you (a) do not modify Aspen Skiing Company Content; (b) you retain any and all copyright and other proprietary notices contained in the Aspen Skiing Company Content; and (c) you do not copy, post, distribute or transmit the Aspen Skiing Company Resorts Content on any other website, via any network computer or broadcast the Aspen Skiing Company Content in any media.
You expressly recognize and agree that Aspen Skiing Company Resorts' trademarks, including our resort and hotel names and logos (the "Aspen Skiing Company Marks") are the sole property of Aspen Skiing Company Resorts. You are not authorized to display or use the Aspen Skiing Company 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 Aspen Skiing Company for the limited use described in the preceding paragraph. Aspen Skiing Company transfers no right, title or interest in the Software to you. Aspen Skiing Company 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 Aspen Snowmass Site allows users photos to be uploaded to our social media feed by associating “#aspensnowmass” 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 Aspen Skiing Company 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.
Aspen Skiing Company 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 Aspen Skiing Company does not convert the User Content into Aspen Skiing Company Content.
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 Aspen Snowmass™
Aspen Skiing Company provides the option for you to share your experiences at our resorts with others through your Aspen Snowmass account and the Aspen Snowmass mobile applications. If you open an Aspen Snowmass account, you understand that Aspen Skiing Company will collect and maintain information related to your use of your ski pass at our resorts. Aspen Skiing Company captures, though may not always display, that information to your Aspen Snowmass account in order to provide the Aspen Snowmass mobile application service to you. If in the future we integrate user generated content applications within our Aspen Snowmass mobile application, we will also collect and publish the User Content, such as your personal photographs, that you submit in connection with your Aspen Snowmass mobile application account.
The Aspen Snowmass mobile application service allows you or could in the future allow you to share content through various platforms, websites, and mobile applications, including Facebook and Twitter. You understand that Aspen Skiing Company 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.
Copyright Infringement Complaints
Aspen Skiing Company 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 Aspen Skiing Company’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
PO Box 1248, Aspen Colo. 81612
E-mail: email@example.com (please include “attn: Copyright Agent” in the subject line)
Aspen Skiing Company 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
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 United States or the country in which you reside.
Third Party Sites
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. ASPEN SKIING COMPANY 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. ASPEN SKIING COMPANY 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 ASPEN SKIING COMPANY 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.
Terminating Permission to Use Our Sites