December 1, 2007
The Mysnowparks Website is operated by Mysnowparks Aps (collectively, “us”, or “we”), based in Denmark and hosted in the U.S.
Use of this website at www.mysnowparks.com (collectively, including all content available through the Mysnowparks.com domain name, the “Mysnowparks Website”, or “Mysnowparks”), you signify that you agreed to be bound by these terms and conditions (the “Terms of Use”). You agree to be bound by these Terms of Use, whether you are a "Visitor" (which means that you simply browse the Mysnowparks Website) or you are a "Member" (which means that you have registered with Mysnowparks). The term "User" refers to a Visitor or a Member.
We reserve the right, at our sole discretion, to change, modify, add, or delete any part of these Terms of Use, in whole or in part, at any time without further notice, including but not limited to the charges associated with the use of the Mysnowparks Website. The date of last revision will feature on the top of this page and changes will be posted directly to these Terms of Use on this page. Your continued use of Mysnowparks after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree with these or any future Terms of Use, do not use or access the Mysnowparks Website anymore. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review any changes there might be.
ACCOUNT SECURITY
When you sign up to become a Member, you will also be asked to choose a password. You are required to maintain the confidentiality and security of your password and identification. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You are fully responsible for all use of your account and for any actions that take place using your account.
PROPRIETARY RIGHTS IN CONTENT ON MYSNOWPARKS.COM
All content on the Mysnowparks Website, except all User Submissions (as defined below), including without limitations designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Website Content"), and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Mysnowparks, subject to copyright and other intellectual property rights under Danish and foreign laws and international conventions.
Website Content is provided to you as is for your information and personal use only and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, licensed, or sold in any form or by any means, in whole or in part, without the prior written permission of the respective owners, except that the foregoing does not apply to your own User Submissions (as defined below) that you legally post on the Mysnowparks website.
You agree to not engage in the use, copying, or distribution of any of the Website Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Mysnowparks Website for any commercial purposes. If you download or print a copy of the Website Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not in any way to interfere with security related features of the Mysnowparks Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Mysnowparks Website or the Website Content therein.
USER SUBMISSION
You are solely responsible for your own User Submissions, including photos, profiles (including your name and image), messages, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on the Mysnowparks Website, or transmit to or share with other users (collectively the "User Submissions"). You may not post, transmit, or share User Submissions on the Mysnowparks Website that you did not create or that you do not have permission to post. You understand and agree that Mysnowparks may, but is not obligated to, review the Mysnowparks Website and may delete or remove (without notice) any Website Content or User Submissions in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of Mysnowparks violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submissions you post or store on the Mysnowparks Website or provide to Mysnowparks.
You retain all of your ownership rights in your User Submissions. However, by posting the User Submissions to any part of the Mysnowparks Website, you hereby grant, and you represent and warrant that you have the right to grant, to Mysnowparks an irrevocable, perpetual , worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, reformat, translate, excerpt (in whole or in part), and perform the User Submissions for any purpose, commercial, advertising, or otherwise, on or in connection with the Mysnowparks Website and Mysnowparks's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Mysnowparks Website (and derivative works thereof) in any media formats and through any media channels. You may remove your User Submissions from the Mysnowparks Website at any time. If you choose to remove your User Submissions, the license granted above will automatically expire, however you acknowledge that Mysnowparks may retain archived copies of your User Submissions.
You understand that when using the Mysnowparks Website, you will be exposed to User Submissions from a variety of sources, and that Mysnowparks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mysnowparks with respect thereto, and agree to indemnify and hold Mysnowparks, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Mysnowparks Website.
COPYRIGHTS
In connection with User Submissions, you further agree that you will not; (a) submit, modify, distribute, or reproduce in any way any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mysnowparks all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Mysnowparks or any third party; (c) submit material that is unlawful, abusive, obscene, defamatory, libelous, threatening, vulgar, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) impersonate another person; (e) submit any material which contain a virus or other harmful component.
Mysnowparks will terminate, in appropriate circumstances and at Mysnowparks's sole discretion, a User's access to the Mysnowparks Website, if he or she repeatedly infringes. Mysnowparks may also at its sole discretion limit access to the Mysnowparks Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Mysnowparks website any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Mysnowparks Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to copyright@mysnowparks.com.
THIRD PARTY WEBSITES AND CONTENT
The Mysnowparks Website contains links and pointers to World Wide Web Internet sites (“Third Party Websites”), resources, sponsors as well as articles, photographs, text, graphics, pictures, video, information, applications, software, and other content belonging or originating from Third Party Websites. Mysnowparks disclaims any and all responsibility for content contained in any third party materials provided through links from the Mysnowparks Website.
Mysnowparks does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, distributed or otherwise accessible through the Mysnowparks Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information will be at your sole risk.
USER DISPUTES
You are solely responsible for your interactions with other Mysnowparks users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
PRIVACY
Use of the Mysnowparks Website is also governed by our Privacy Policy, which is incorporated into this Terms of Use by this reference.
DISCLAIMER
Mysnowparks is not responsible for any User Submissions or third party content posted on the Mysnowparks Website, whether posted or caused by Members, by Mysnowparks, by third parties or by any of the equipment or programming associated with or utilized in the Mysnowparks Website. Mysnowparks takes no responsibility for third party advertisements which are posted on the Mysnowparks Website, nor does it take any responsibility for the goods or services provided by its advertisers.
We provide rules for user conduct and postings, but we do not control and are not responsible for what users post, transmit or share on the Mysnowparks Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Mysnowparks Website or in connection with any User Submissions. Mysnowparks is not responsible for the conduct, whether online or offline, of any user of the Mysnowparks Website.
The Mysnowparks Website may be temporarily unavailable from time to time for maintenance or other reasons. Mysnowparks is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Mysnowparks is not responsible for any problems or technical malfunction of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Mysnowparks Website. Under no circumstances will Mysnowparks be responsible for any loss or damage, including any loss or damage to any User Submissions or personal injury or death, resulting from anyone's use of the Mysnowparks Website or any User Submissions posted on or through the Mysnowparks Website or transmitted to Users, or any interactions between users of the Mysnowparks Website, whether online or offline.
The Mysnowparks Website is provided "AS-IS" and as available and Mysnowparks expressly disclaims any and all representations and warranties of fitness for a particular purpose or non-infringement. Mysnowparks cannot guarantee and does not promise any specific results from use of the Mysnowparks Website.
Mysnowparks reserves the right to change any and all content, software and other items used or contained in the Mysnowparks Website at any time without notice.
LIMITATION OF LIABIITY
IN NO EVENT SHALL MYSNOWPARKS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA DAMAGES ARISING FROM YOUR USE OF THE MYSNOWPARKS WEBSITE, EVEN IF MYSNOWPARKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYSNOWPARKS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYSNOWPARKS FOR THE MYSNOWPARKS SERVICES DURING THE TERM OF MEMBERSHIP.
INDEMNITY
You agree to defend, indemnify and hold Mysnowparks, its parent corporation, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, cost, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Mysnowparks Website in violation of this Terms of Use and/or arising from a breach of this Terms of Use and/or any breach of your representations and warranties set forth above and/or if any User Submissions that you post on the Mysnowparks Website causes Mysnowparks to be liable to another.
