POLICY UPDATED AUGUST 21, 2019
The Policy applies to the Personal Information we collect when you visit any Vail Resorts website or use a Vail Resorts online or mobile application—including Epic Mix®, Emma™, or the Perisher Dashboard— where the Policy is referenced (our “Sites”). The Policy also applies to the Personal Information we collect when you visit any of our resorts, retail locations, rental locations, events sponsored in whole or in part by Vail Resorts, lodging or other service providers worldwide (our “Locations”).
Personal Information We Collect
When we use the term “Personal Information” we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a real name, postal address, e-mail address, telephone number, payment information, pass or lift ticket ID number or identities, profile photographs and location information. When other information (such as consumer preferences, demographic information, or opinions about an identified individual or reasonably identifiable individual) is directly associated with Personal Information, we treat this other information as Personal Information. Information that is deidentified or anonymized will not be considered Personal Information.
When visiting our Sites, interacting with us (e.g., over the phone, by email) or providing information at any of our Locations, we collect the following types of Personal Information:
- identification data (e.g., first name, last name, postal address, phone number, email address);
- payment details or methods and transaction information (e.g., when you purchase lift tickets, event tickets, or goods, or book accommodations online);
- location data (e.g., the location where you stay or ski, the location of an event at one of our Locations that you attend, location data sent by your device, the runs that you ski or ride, the ski lifts that you ride, a top level domain name such as .com, .gov., .au, .ca);
- connection data (e.g., IP address, connection speed, type of browser used and information communicated by your browser, mobile network information, data automatically communicated by your device);
- device information (e.g. device type, screen size, operating system);
- data regarding your use of our Sites (e.g., date and time of visits, viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, content you provide, such as through email or messages, and mouse movements);
- information relating to your preferences and activities (e.g., vertical distance by day; calories burned; time spent skiing or riding; individuals with whom you form groups for skiing or riding, as reflected in your use of our applications; frequency with which you use or visit various facilities, services, programs, or Locations; events attended)
- details of ski-related accidents and other incidents;
- an assessment of your skiing/riding ability;
- photographs and video of you at our Locations or that you otherwise submit; and
- demographic information (e.g. household information, number of children, age ranges, gender).
Please note that such data may either be directly collected from you (e.g., when you fill out a form at one of our Locations or on one of our Sites) or indirectly from you. In this latter case, the following sources enable us to obtain the Personal Information:
- when a third party provides information about you (e.g., if someone orders a gift, gift card, or gift certificate online and wants to send it directly to you, he/she must provide us with your name and address; if third parties, including travel agents or business partners with whom we have joint marketing or service providing arrangements, provide information about you);
- when your electronic communications devices, such as smartphones, tablets, or computers, automatically submit information;
- when technology implemented at our Locations provides us with information (e.g., when your ski pass is automatically scanned at a chairlift, event, or some other Location);
- when we are provided information from other business partners;
- when you are at one of our Locations, and we take photographs or video of you; and
- when such information is available from public sources.
In addition to the above, we may combine information you have provided to us on our Sites with information you have provided to us offline, including information you have provided to us at one of our Locations, and we may store this information together in your customer profile. For example, we may combine data automatically collected when you use your season ski pass, attend an event, rent equipment at one of our Locations, or otherwise visit one of our Locations, or data you provide to us when you stay at one of our hotels or resorts, with your customer profile. This enables us to provide the best experience possible when you visit our Locations.
How We Use Your Personal Information
We use your Personal Information for the following purposes, all of which relate to the relationship between you and us, and the services we provide:
- to provide you or the person of your choice with the services and/or products you requested (e.g., passes, reservations, services offered by various Vail Resorts applications—including EpicMix—such as the summary of your ski day, and ability to share), to perform transactions, in particular to check your identity or the identity of the person you designated, as well as for billing and shipping purposes;
- providing you with souvenir, photography and video services; and
- to provide you and/or the person you designated with after-sale support in case you encounter any difficulties following your transaction with us.
We also may process your Personal Information for the purposes listed below, which are necessary for us to pursue our legitimate interest and provide you with quality services and products:
- to administer our systems, debug, and improve the performance and accessibility of our Sites and Locations;
- to monitor and optimize the use of our facilities (e.g., when you scan your pass and ride one of our chairlifts, we use such information for monitoring the use of our chairlifts; improvement of facilities based on number of attendees at events);
- to better understand your use of our products, services, programs, and events; and
- to improve our Sites, Locations and, more generally, our products, services, programs, and events.
In addition, with your consent, we may also process your Personal Information:
- to provide you with marketing communications, recommendations and special offers regarding our products and services, as well as products and services of third parties which might be of interest to you, and to give you the opportunity to enroll in our loyalty program; and
- to combine your data and implement profiling activities in order to better understand your needs, expectations and preferences and provide you with personalized content and targeted advertising accordingly.
We may also use your information for secondary purposes closely related to the purposes above, in circumstances where you would reasonably expect such use or disclosure to occur.
Please refer to the Your Choices and Rights section below for information regarding how you can manage your options and exercise your rights with respect to your data.
Cookies and Technology; Third-Party Advertisers
We use technology such as “cookies” to help us provide customized services and as a means to collect dependable and consistent traffic data. A “cookie” is a small piece of data that is sent to a user’s browser from a web server and stored on a user’s hard drive.
These cookies, along with other technologies, such as web beacons, may also be used by Vail Resorts corporate partners and on co-branded websites to help us understand how you use our products and Sites and better provide advertising to you.
Our service providers are bound by contract to keep your Personal Information confidential and use it only for the purposes laid out in the contract on our behalf. For more information about online behavioral advertising, or to learn about your choices related to such practices, please visit http://www.aboutads.info/choices or http://www.networkadvertising.org/choices.
Please note that most browsers allow you to manage your cookies preferences by changing your settings. You may set your browser to: (i) automatically accept or refuse all cookies; (ii) automatically accept or refuse first party cookies and/or third parties cookies; (iii) notify you before any cookies are placed, so that you get the opportunity to decide whether you are willing to accept it or not.
Consequently, if you accept cookies in the first place but later change your mind and want to opt out, you may use your browser settings for deleting cookies already placed on your electronic devices and/or change your browser settings to refuse any further cookies or particular further cookies.
In addition, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers, or http://www.youronlinechoices.com/, which enables you to manage the advertisement cookies placed on your devices.
Vail Resorts participates in the Adobe Marketing Cloud Device Co-op to better understand how you use our Sites across the various devices you use, and to deliver tailored promotions to our guests. Go to https://cross-device-privacy.adobe.com to learn more about how Adobe does this and to manage
your choices relating to this linking of devices.
Some of Vail Resorts’ websites use Mouseflow, a third-party analytics tool, to track page content and viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, and mouse movements. You can opt-out at http://mouseflow.com/opt-out.
Disclosure of Your Personal Information
Vail Resorts does not sell your Personal Information to third parties. Under limited circumstances we may disclose the Personal Information we collect to third parties for all or part of the above-mentioned purposes. Examples of those circumstances are described below, along with some of the steps we take to limit the manner in which your Personal Information is used.
We may share your information with companies that provide support services to us (such as credit card processors, mailing houses, web hosts, application developers, event co-sponsors, concessionaires, Resort Management Boards responsible for management and planning for the development, promotion and use of our Locations, or providers of online reservation services) or that help us market our products and services (such as email or text messaging vendors). These companies may need information about you in order to perform their functions. These companies are only authorized to use the Personal
Information we share with them for the purpose of delivering the service we work with them to provide. In addition, we only disclose the information they need to provide the specific service or function.
Ski Pass Partners
Vail Resorts sometimes enters into contractual relationships with other resorts that we do not own. We enter those relationships so that our customers can access skiing or other resort services at those resorts. To facilitate those services we may share information about you with the other resort company so that they can provide the service and validate your ski pass and identity. We share that information pursuant to written contracts with the partner resorts and limit the information to what is needed for the specific purpose.
With Other Vail Resorts Entities
We may occasionally feature web pages on which you can register for special promotions or services provided in conjunction with our business partners. When we feature pages like these on our Sites, we will give you a clear notice that you are providing information to another party. We may also arrange to send you marketing and promotional information of other companies that we think might be of interest to you, only if you tell us that you want to receive these sorts of materials.
In Connection with Events Sponsored in Whole or in Part by Vail Resorts
Vail Resorts may at times co-sponsor an event with business partners. We may share your information with those business partners to help us market or improve our products and services. We only disclose the information they need to provide help to us with that marketing or improvement. In addition, we share that information pursuant to written contracts with the business partners and limit the information to what is needed for the specific purpose, including providing aggregated or de-identified data when possible.
In Connection with Corporate Events
In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all Personal Information to the relevant third party. Your Personal Information would remain subject to this Policy.
In Special Circumstances
In certain special cases, we may disclose your Personal Information when we have reason to believe that disclosing this information is necessary to identify or contact you, or to provide you with emergency medical services, or bring legal action against someone who may be causing injury to you, Vail Resorts or someone else. We may disclose your Personal Information to a person who is seeking the information as your agent. We may disclose your Personal Information when we believe the law requires it, in response to any demand by law enforcement authorities in connection with a criminal investigation, in response to civil or administrative authorities in connection with a pending civil case, governmental authorities or administrative investigation, or in connection with an investigation conducted by Vail Resorts.
Links to Third-Party Websites
EpicMix and Other Vail Resorts Accounts
In addition to other purposes outlined in this Policy, Vail Resorts will use information collected through your EpicMix and/or other Vail Resorts accounts, such as the Perisher Dashboard, to establish, maintain and manage your account. Depending on the notification options you choose, we may also send you emails, push notifications, or text messages related to your account, such as a summary of your day when you ski or snowboard, or awards or special offers when certain milestones have been achieved. You may unsubscribe from receiving such messages by managing your account settings.
You can manage the content and information you share when using your account through the privacy settings you select. The settings allow you to consent to the following:
Private: You will be able to view your own statistics on certain applications, earn badges and set goals. Your information will not be visible to other application members or to the public. You will not be visible on leaderboards and your name/email address will not be searchable on these applications.
Share within application: Your name (or display name if preferred) will be shown on leaderboards and the number of days, lift rides, and vertical distance you have skied or ridden will be publicly available. Other application members who have been accepted as Friends will be able to see more details about you, including your photo, social media accounts connected to the application, badges earned, streak (number of days you have skied/ridden in a row), date of becoming a Vail Resorts skier/rider, date last active at Vail Resorts, goals and progress towards goals, and vertical distance by day. If you permit, Friends will also be able to see daily detail, which includes each scan of your ski pass (location, date and time).
When you open a Vail Resorts application account, such as an EpicMix or Perisher Dashboard account, we will combine your ski/snowboard pass scan data described in this Policy with the information you provide to us through that account. Location information collected and combined in that manner is
subject to this Policy.
To provide the EpicMix Time service, we use information from devices that broadcast Wi-Fi and Bluetooth signals. EpicMix Time uses those signals anonymously to calculate the line times at participating chair lifts. We do not connect information broadcast from your device in this manner to Personal Information about you. If you do not wish for your information to be included the wait time calculation, you can turn off your device’s Wi-Fi and Bluetooth services.
We use Global-Positioning System (“GPS”) signals broadcast by your mobile device to enable personalized services on EpicMix Maps. If you use the EpicMix Maps functionality, your phone's GPS Signal will be used to display your location on a map in order to provide you with the customized map functionality. Your current location is only used to update your location on the map and is not stored by EpicMix. If you do not wish to see your personal location on the map, you can turn off GPS location services on your device at any time.
For more information about Epic Mix accounts, visit these FAQs.
We do not knowingly collect Personal Information on our Sites from children under the age of 13 without the prior consent of the child’s parent or guardian.
Children and Vail Resorts Applications
Children under age 13 may only open a Vail Resorts Application account (such as an EpicMix or Perisher Dashboard account) with parental consent. After parental approval is received and verified, the child’s account will be created. Parents who approve the creation of a child account understand that we will collect the following information about the child: an email account, name, date of birth, gender, state, zip or postal code, country. We will maintain that information in the application account and combine it with information collected offline, such as the child’s chair lift rides at our resorts, attendance at events
sponsored in whole or in party by Vail Resorts, information about the child’s ski school experience, pictures taken by Vail Resorts photographers, and race times. We will only collect information about your child for the purpose of providing the account services you have enabled and for providing account
features and notifying you and your child of information related to the account. We will not use the information to market other products or services to your child and will not sell or share the information with others for those purposes.
Application profiles created for children under 13 have restricted privacy features and are only viewable by you, your child, and other family members linked to your account. The child’s information is not visible to other application members or to the general public, and is not visible on leaderboards or
searchable on Vail Resorts applications such as EpicMix. In addition, children under age 13 are not able to link to third party sites, such as Facebook.
If you believe that a child under age 13 (or other age applicable in a different jurisdiction) has provided Personal Information to us without the consent of a parent or guardian, has created an account of any kind without the consent of a parent or guardian, or if you wish to delete your child's Vail Resorts
application account or revoke consent, please notify us at firstname.lastname@example.org (or in Australia, by emailing email@example.com or on the telephone at 1300 655 822) as soon as possible so their data may be deleted.
Your Choices and Rights
If you agreed to receive communications from us, our Sites give you the option of not receiving future communications by sending an email to firstname.lastname@example.org (or if you are in Australia, by sending an email to email@example.com) or by clicking on the link enabling you to
unsubscribe displayed at the bottom on each of our communications.
If you have a snow.com or epicpass.com account, you can manage your information and privacy preferences by logging into your account at www.snow.com or www.epicpass.com.
If you have an Epic Mix account, you can manage your information and privacy preferences by logging into your account at www.epicmix.com (or in Australia, by logging into your account at www.epicaustraliapass.com.au).
You may also access, correct or delete your Personal Information collected and held by us (including through our Site or other interactions with us). You are also entitled to object, at any time, to the further processing of your Personal Information. You have the right to receive your Personal Information in a
structured and standard format.
You can exercise your above-mentioned rights by emailing firstname.lastname@example.org or by telephone at 1-800-842-8062 (in Australia, by emailing email@example.com or by telephone at 1300 655 822).
If you have a complaint, please send an email describing your complaint to firstname.lastname@example.org (in Australia, by emailing email@example.com) with “Privacy Compliance” in the subject line. A representative of Vail Resorts will review your complaint and will respond to your email within 30 days.
You also have the right to lodge a complaint with a competent data protection authority regarding the processing of your Personal Information. For more information, please contact your local data protection authority.
Notice to California Residents
If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 may permit you to request information regarding the disclosure of your Personal Information by Vail Resorts to third parties for the third parties’ direct marketing purposes. California Business and
Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. For additional information or to make a request, please contact firstname.lastname@example.org or call 1-800-842-8062.
Notice Regarding European Law
including the disclosures regarding “How We Use Your Personal Information.” For processing based on public interest, you have a right to object to such processing, which we will assess. For additional information or to make a request, please contact email@example.com or call 1-800-842-8062.
Data Security and Retention
Vail Resorts has implemented physical, technological, and organizational safeguards and security measures designed to protect against the loss, misuse, or unauthorized access or disclosure of your Personal Information under our control. We also take measures to protect the Personal Information we disclose to third parties, for example by entering into contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used. Please be aware though that, despite our efforts, no security measures are perfect or impenetrable. You can help us by protecting and keeping your passwords safe at all times, and not using the same password for different applications or sites. You also can protect yourself and help us reduce the risk of fraud by promptly notifying us if you suspect that your credit card, pass product with Resort Charge, other resort-specific payment product, user name, or password is lost, stolen or used without permission.
We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Policy. Personal Information that is no longer required for those purposes will be destroyed or made irreversibly anonymous.
Changes to the Policy
International Data Transfers
Vail Resorts’ headquarters are located in the United States. Through our affiliates, we operate Locations in the U.S., Canada, and Australia. Your Personal Information may be transferred, stored or processed by Vail Resorts entities or third parties located in the United States or other locations around the world
as described in this Policy. Data protection standards in those countries may differ from the country where you reside.
For individuals in Australia, please note that your personal information may be transferred to our affiliates in the United States or Canada for the purposes described in this Policy. Vail Resorts affiliates will handle your personal information in a manner consistent with the Privacy Act 1988 (Cth) and
Australian Privacy Principles (APPs), and may also be subject to other countries’ privacy and data protection laws that impose requirements similar to the APPs.
The Vail Corporation dba Vail Resorts Management Company
390 Interlocken Crescent, Suite 1000
Broomfield, CO 80026
Whistler and Blackcomb Mountains
4545 Blackcomb Way,
Whistler, B.C. V8E 0X9
Perisher Blue Pty Limited
PO Box 42,
NSW 2624 Australia
1300 655 822
Date of Last Revision: 27 May, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU ARE OBTAINING A LICENSE ON BEHALF OF AN ORGANIZATION, YOU CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION AND THAT THE ORGANIZATION WILL BE BOUND BY THESE TERMS, AND THE TERM “YOU” SHALL THEN REFER TO YOU AND YOUR ORGANIZATION. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICES.
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If you are not thirteen (13) years old or older, you may not use this Site or the Services. If you are thirteen (13) or older but under the age of eighteen (18), then you agree to review these terms and conditions with your parent or guardian prior to use of the Site or the Services. If you are a parent or guardian entering this agreement for the benefit of a child aged thirteen (13) or older, then you agree to and accept full responsibility for that child's use of the Company software and the Services, including all financial charges and legal liability that he or she may incur.
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4. Location-Based Services
Some features of the Site and Services make use of detailed location and navigation information, for example in the form of GPS signals and other data sent by your mobile device on which you have installed and activated the Services. These features cannot be provided without using this standard technology. You acknowledge that you are agreeing to give the Services and the Company your location data and that every person who you interact with within the Services, such as but not limited to another user, is also accessing your location data as you are accessing theirs. You understand that the nature of location-based services is such that this information is available to you and other users and that Company cannot control what you or other users who receive this information when using the Site or the Services will do with it.
5. Consent to Receive Emails
By using the Site or the Services, you consent to receive emails from Company, which may include commercial emails. We will not use your personal information to send you news and product updates, unless you "opt in" to receiving such communications. By signing up within one or more of our Services, you are “opting in” to these and service-related emails. In addition, you may "opt out" of receiving marketing or promotional emails from Company by following unsubscribe instructions or using unsubscribe links within communications we send. Please note, however, that as long as you receive the Services, you may not "opt out" of receiving service related emails from Company.
Unless otherwise indicated, the Site and all content and other materials on the Site or forwarded by Company through the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Company Materials") are the property of Company or its licensors or users and are protected by U.S. and international copyright laws.
7. Limited License
You are granted a limited, non-exclusive, non-assignable, non-sub-licensable license to access and use the Site and the Services for your own personal, non-commercial purposes. Such license is subject to these Site/Service Terms and does not include or authorize: (a) any resale or commercialization of the Site, the Company Materials or the content forwarded to you by the Services; (b) the distribution, public performance or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Site or the Company Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Company Materials or any information contained therein, except as expressly permitted by Company; or (f) any use of the Site or the Company Materials other than for its intended purpose. Any use of the Site or the Company Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site/Service Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
8. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit or terminate access to the Site and the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Copyright Complaints
If you believe that any material on the Site or the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below (“Designated Agent”).
E-Mail Address of Designated Agent: firstname.lastname@example.org. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
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Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or through the Services, or Web sites linking to the Site. Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Please report any violations of these Terms and Conditions to email@example.com.
13. Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE, THE COMPANY MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE SITE OR PROVIDED THOUGH THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT COMPANY MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You should independently verify the accuracy of any information you obtain on the Site or through the Services before using it. You agree to be solely responsible for your use of the content found on this Site, the Company Materials and the Services.
COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR THROUGH THE SERVICES. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVICES, OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
14. Limitation of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE, THE SERVICES OR THE COMPANY MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15. Third Party Content
Company or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content or allow users to post their content or third party content to the Site or through the Services (such content is collectively referred to as "Third Party Content"). Company does not monitor or have any control over any Third Party Content or third party Website. Company does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Website. Users use these links, Third Party Content and third party Website at their own risk.
16. Third Party Services
The Site or the Services may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the "Third Party Services"). Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third Party Services or monitor or have any control over such Third Party Services. Therefore, Company makes no guarantee, representation or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third Party Services or the results obtained therefrom, and Company assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third Party Services, including but not limited to any third party’s use of content that you submit. You assume full responsibility for your use of any such Third Party Services, and Company is not responsible or liable for any Third Party Services.
17. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site or through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisements on the Site or made available through the Services.
18. Mobile Services
Some of the Services require the use of mobile devices and wireless services. Company does not charge for wireless services or related cost of data usage for its Services. However, your mobile service provider may charge you for those services, that it provides, which give you access to the Company Services. You should check with your mobile and/or wireless carrier to learn about such charges. By using the Services, you agree that Company may communicate with you regarding the Services by SMS, text message, email or other electronic means to your mobile device or email address, including without limitation providing promotional offers and information from third parties.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, photos, messages, sensor data, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to Company, or any postings on the Site or made available through the Service, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
20. User Posted Content & Other Interactive Services or Areas
The Company’s Applications, but not the Site, include areas in which users may post content and information (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:
1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site/Service Terms;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for commercial services or products;
6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
9. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
10. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the Site or the Services, or which may expose Company or its users to any harm or liability of any type.
By using Company’s Applications, the Site or the Services, you agree not to:
1. Use the Services to impersonate a third party or load the Company software on a third party’s mobile device without their permission;
2. Use the Services to "stalk", harass, or otherwise harm anyone;
3. Use the Services or collect personal data about others for unlawful purposes;
4. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or the Services - unless expressly permitted by Company;
5. Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
6. Attempt to gain unauthorized access to Company's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Company website, such as but not limited to, the transmission of any material that contains software viruses;
7. Use any form of automated device or computer program that enables the submission of postings without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or
8. Threaten anyone or exploit anyone in a sexual, violent or other objectionable manner.
Company disclaims all liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations, responses, comments or other User Content provided by its users. Although Company has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Areas, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site or made available through the Services at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site or the Services in violation of the foregoing violates these Site/Service Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, and/or the Site and/or the Services.
21. Licenses Granted by You
If you post User Content to the Site or through the Services, you grant Company and its affiliates a worldwide, perpetual, irrevocable, nonexclusive, fully sub-licensable, royalty-free, license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, transmit, distribute publicly, perform and display such User Content throughout the world in any media now known, or hereafter created. You grant Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and the Services and to grant the rights granted herein; (b) the User Content is accurate and not misleading; (c) use and posting of the User Content you supply does not violate these Site/Service Terms and will not violate any rights of or cause injury to any person or entity; and (d) all users of Company’s Applications have permission to view your content.
22. Registration Data and Security
In consideration of your use of the Site and/or Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or through the Services ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof or the Services using the identity or the Registration Data of any person other than you.
You agree to defend, indemnify and hold harmless Company, its Corporate Affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (i) any User Content you post, store or otherwise transmit on or through the Site or the Services; (ii) your use of or inability to use the Site or the Services in violation by you of any term of this Agreement; or (iii) a claim that User Content you submitted to the Site, Company’s Applications, or the Company generally violates any law or infringes any third party right, including any intellectual property or privacy right. For the avoidance of doubt, this provision includes without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site/Service Terms or your violation of the rights of any third party.
24. Applicable Law and Venue
These Site/Service Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the United States of America and Australia applicable to agreements made and to be entirely performed, without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site, the Services or these Site/Service Terms shall be filed only in the state and federal courts located in Victoria, Australia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
You and Company agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Site/Service Terms, or the breach thereof, or to the Site and/or the Services shall be settled exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Site/Service Terms, injunctive or other appropriate relief may be sought from any court specified in Section 24 (above). The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site or the Services be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section 25 (Arbitration) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this Section 25 shall not be affected.
Notwithstanding any of these Site/Service Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and the Services, and to block or prevent your access to and use of the Site and the Services. In the event your license to use the Site and the Services is terminated for any reason, content that you submitted may no longer be available. Company shall not be responsible for the loss of such content.
If any provision of these Site/Service Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site/Service Terms and shall not affect the validity and enforceability of any remaining provisions.
28. Questions & Contact Information
Questions or comments about the Site or the Service may be directed to Company at the email address firstname.lastname@example.org.