Description of Services.
The Site may provide users with access to certain content and functionality. You are solely responsible for obtaining and satisfying all technical requirements necessary in order to access the Site and any service available therein, including any associated third-party fees (including without limitation, internet charges). In addition, you must obtain and are solely responsible for any equipment that may be required in order for you to access the Site.
License and Access.
Subject to your continued compliance with these Terms of Service, Alpenclimb grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Site as intended through the provided functionality of the Site in accordance with the terms and conditions set forth herein. This license does not include the right to (i) download (unless you see a download link displayed by the Site that applies specifically to that particular content) or copy the Site or any portion thereof or any information and content available on or through it including, without limitation, any writing, images, photos, video, sounds, music, text, emails, graphics, icons, digital downloads, interactive features, postings, comments, likes, logos, software programs or applications (collectively, the “Content”) or account information for the benefit of any other party; (ii) copy, modify, create derivative works from, sell, resell, distribute, sub-license or otherwise exploit any Content for commercial or public purposes without Alpenclimb’s express written consent; (iii) cache unauthorized hypertext links to the Site or frame or utilize framing techniques to enclose any trademark, logo, or any Content available through the Site without Alpenclimb’s express written consent; (iv) post, upload or transmit any content that you do not have the full legal right and authority to make publicly available without charge or restriction of any kind (including, without limitation, the intellectual property of another party); (v) post, upload, or transmit any content that contains software viruses or any other programs, files or computer code designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Alpenclimb’s sole determination) an unreasonable or disproportionately large load on the infrastructure of the Site; (vi) post, upload, or transmit any content that consists of mass mailings, chain letters, political campaigning, commercial solicitation or any form of “spam”; (vii) post, upload or transmit content that a reasonable person would find objectionable, including without limitation, content that contains obscene language or is threatening, defamatory, infringing of intellectual property rights, invasive of privacy or otherwise injurious to third parties, or which displays or promotes violence, use of firearms, racism, hate, libel, gambling, tobacco, alcohol, pornography, nudity or other offensive subject matter; (viii) use data mining, robots, or similar data gathering and extraction tools; or (ix) use any metatags or any other hidden text utilizing Alpenclimb’s name or trademarks without the express written consent of Alpenclimb or the third party that owns the applicable Marks. You may not bypass any measures used by the Site to prevent or restrict access to the Site or service available therein. In addition to any other remedies that may be available to Alpenclimb under applicable law, any unauthorized use by you shall immediately terminate the permission and/or license granted to you by Alpenclimb under these Terms of Service or otherwise in connection with the Site.
The Site is not intended for individuals under the age of 18 or any users suspended or terminated from using the Site by Alpenclimb for any reason. If you are under the age of 18 or Alpenclimb has suspended or terminated your account or otherwise indicated that you are no longer authorized to use the Site, you may not use the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by any login and registration forms that may be required in order to use the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Alpenclimb has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Alpenclimb has the right to suspend or terminate your account and refuse any and all current or future use of the Site. You are prohibited from selling, trading, or otherwise transferring your the Site account to another party. You are responsible for maintaining the confidentiality of your account information and password (if any), and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or, to the extent applicable, your password. Because of this, Alpenclimb strongly recommends that you exit from your account at the end of each session. You agree to notify Alpenclimb immediately of any unauthorized use of your account or any other breach of security. Alpenclimb reserves the right to change or discontinue the Site or any service available therein, refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Alpenclimb may offer you the opportunity, at your option, to post or submit certain content, such as comments, ideas, opinions, questions, designs, writings, photos, images, videos, music and other similar information, content and/or communications (collectively, “Unsolicited Information”) via the Site. By submitting or posting any such Unsolicited Information, you agree to be bound by the following terms and conditions, in addition to the other terms set forth herein. If you do not agree with these terms and conditions, you should not send or provide any Unsolicited Information through the Site. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content. Alpenclimb reserves the right (but is not obligated) to remove or edit Unsolicited Information and/or to terminate or disable the account of users at its sole discretion, but does not regularly review or monitor content posted by users of the Site.
All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and Alpenclimb will have no liability of any kind with respect to any use or disclosure of content. You acknowledge and agree that Alpenclimb and its affiliates, subsidiaries, licensees and assigns may use Unsolicited Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, you acknowledge and agree that Alpenclimb and its affiliates, subsidiaries, licensees and assigns may use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to Alpenclimb or post via the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting or using the Site to send any Unsolicited Information, you are granting Alpenclimb and its affiliates, subsidiaries, licensees and assigns a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, fully paid-up and irrevocable right and license to use, reproduce, modify, edit, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, sell and otherwise exploit, in any manner and without any obligation to you or any third party, such Unsolicited Information and the right (but not the obligation) to use your name and other identifying information in connection with such Unsolicited Information in any and all media, whether known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to Alpenclimb include, but are not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of any and all of your Unsolicited Information. You also grant each user of the Site a non-exclusive right and license to access your Unsolicited Information through the Site, and to use, reproduce, display and download such Unsolicited Information if and to the extent permitted by the functionality of the Site and these Terms of Service. You represent and warrant to Alpenclimb that you have the full legal right and authority to grant such rights and licenses and that any Unsolicited Information submitted by you will not contain any third party copyrighted material, material infringing on the rights of privacy or publicity of any person, or material that is subject to other third party proprietary rights, unless you have all necessary rights, consents, licenses and permissions from the rightful owner of the material (or you are otherwise legally entitled) to submit or post the material and to grant all of the license rights granted herein. You represent and warrant to Alpenclimb that you have the right to grant any and all rights and licenses granted to Alpenclimb herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You are solely responsible for your own content and for the consequences of submitting or posting your Unsolicited Information on the Site. You acknowledge and agree that Alpenclimb shall have no obligation to post, display or otherwise make publicly available content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any Unsolicited Information that you submit to the Site. Alpenclimb takes no responsibility and assumes no liability for any Unsolicited Information posted by you or any third party.
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT ALPENCLIMB PROVIDES THE SITE AND ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE VIA THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER ALPENCLIMB NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS (EACH, AN “ALPENCLIMB PARTY”) MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE CONTENT OR THE RELIABILITY, ACCURACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY PORTION OF THE SITE, THE SERVICES, CONTENT, NEWS, OPINIONS, FILES OR PRODUCTS MADE AVAILABLE OR ADVERTISED VIA THE SITE. NONE OF THE ALPENCLIMB PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE OR ANY CONTENT OR FILES SHARED OR MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE SITE AND/OR ANY CONTENT, FILES, OR OTHER OFFERINGS OR SERVICES PROVIDED, ADVERTISED OR MADE AVAILABLE TO YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE ALPENCLIMB PARTIES MAKES, AND ALPENCLIMB (ON BEHALF OF ITSELF AND EACH ALPENCLIMB PARTY) HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY SERVICES, CONTENT, NEWS, OPINIONS, FILES OR ANY PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY SERVICES, CONTENT, FILES OR OTHER OFFERINGS MADE AVAILABLE VIA THE SITE IS TO STOP USING THE SITE.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALPENCLIMB OR ANY ALPENCLIMB PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) RESULTING FROM USE OF THE SITE OR FROM THE CONTENT, SERVICES, PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Alpenclimb does not represent or warrant the accuracy, truthfulness, completeness or reliability of any material posted by others on or through the Site, nor does Alpenclimb endorse any opinions expressed by users of the Site. Users, visitors, and participants alike acknowledge and agree that any reliance on material posted or sent by others is at their own risk. Any statements placed on any discussion area, to the extent applicable, are the views of the user posting the statement, and do not represent the views of Alpenclimb.
You agree to indemnify, defend and hold Alpenclimb and each Alpenclimb Party harmless from any and all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or related in any way to (i) your breach of these Terms of Service, (ii) your use of and/or access to the Site, Content, files, or products made available or advertised via the Site, (iii) any claim resulting from Unsolicited Information you supply, or (iv) your violation of any law or the rights of a third party, including without limitation, any copyright, property, or privacy right.
When you use the Site or send emails to Alpenclimb, you are communicating with Alpenclimb electronically. You consent to receive communications from Alpenclimb electronically. Alpenclimb will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Alpenclimb provides to you electronically satisfy any legal requirement that such communications be in writing.
The Site may provide links to external third party sites or resources. Because Alpenclimb has no control over such sites and resources, you acknowledge and agree that Alpenclimb is not responsible for the availability of such external sites or resources, and does not guarantee, approve or endorse and is not responsible or liable in any way for any content, advertising, products or other materials on or available from such sites or resources or any activity occurring in connection with such sites or resources. Without limiting the generality of the limitation of liability set forth in these Terms of Service, you further acknowledge and agree that Alpenclimb shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or in connection with use of, purchase of (to the extent applicable) or reliance on any such content, goods, products or available on or through any such external site or resource. You assume the entire responsibility and risk with respect to the use of any external sites or resources. Any questions or concerns regarding those external sites or resources or any external link should be directed to the site administrator for the applicable external site.
Access To Password Protected/Secure Areas.
Only authorized users may access or use any password protected and/or secure areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes.
Intellectual Property Rights. Certain graphics, logos, page headers, icons and service names displayed on the Site are trademarks, registered trademarks or trade dress of Alpenclimb (“Marks”) in the U.S. and/or foreign countries. Users are prohibited from using any Marks for any product or service that is not Alpenclimb’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Alpenclimb. All other trademarks not owned by Alpenclimb that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Alpenclimb.
All Content on the Site is the sole property of Alpenclimb and/or its content suppliers and is protected by United States and international intellectual property laws. The compilation of all content on the Site is the exclusive property of Alpenclimb and protected by United States and international copyright laws. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.
Procedure for Copyright Complaints.
Alpenclimb takes claims of copyright infringement seriously. Alpenclimb will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to contact@Alpenclimb.com:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Alpenclimb will remove any Content to the extent that we have been properly notified that such Content infringes on another party’s intellectual property rights. The information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.
Right to Discontinue the Site.