TERMS OF USE
Your use of this site constitutes your acceptance of GoSki.com's Terms and Conditions of Use ("Terms of Use")
1.General
This site (collectively, including all content and functionality available through the GoSki.com domain name, the "Website") is owned and operated by Resort Sports Network, Inc. ("GoSki.com"). GoSki.com has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed to access or use the site. These Terms of Use apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Website includes all aspects of GoSki.com, including but not limited to all products, software and services offered via the Website.
2.Your Acceptance of GoSki.com's Terms and Privacy Policy
Your use of and/or visitation to the Website signifies your agreement to (1) these terms and conditions (the "Terms of Use") and(2)GoSki.com's privacy notice, found http://GoSki.com1.idx.net/node/902 (privacy notice) and incorporated here by reference. If you do not agree to any of these terms or GoSki.com's privacy notice, please do not use the Website. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://GoSki.com1.idx.net/node/513 Terms of Use. In its sole discretion, GoSki.com may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in the Terms of Use shall be deemed to confer any third-party rights or benefits.
3.Your Use of the Website - Permission and Restrictions
GoSki.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, under the following conditions:
A. You agree to use the site for lawful purposes only. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
B. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of GoSki.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
C. You agree not to alter or modify any part of the Website.
D. You agree not to access User Submissions (defined below) or GoSki.com website content through any technology or means other than the video playback pages of the Website itself, the GoSki.com Media Player, or other explicitly authorized means GoSki.com may designate.
E. You agree not to use the Website, including the GoSki.com Media Player for any commercial use, without the prior written authorization of GoSki.com. Prohibited commercial uses include, but are not limited to, any of the following actions taken without GoSki.com’s express approval:
- post or transmission through the site of any material which contains advertising or any solicitation with respect to products or services;
- advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site;
- sale of access to the Website or its related services such as GoSki.com Media Player on another website;
- use of the Website or its related services such as GoSki.com Media Player, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or content on the Website; and
- any use of the Website or its related services such as GoSki.com Media Player that GoSki.com finds, in its sole discretion, to be a use of GoSki.com's resources or User Submissions with the effect of competing with or displacing the market for GoSki.com, GoSki.com content, or its User Submissions.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the GoSki.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or 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 associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, GoSki.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GoSki.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Any conduct by you that in GoSki.com's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the site any material which violates or infringes in any way upon the rights of others, which (in GoSki.com's sole discretion) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violate any law.
H. You agree not to upload, post or otherwise make available on the site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
I. You also agree not to impersonate any other person while using the Website or conduct yourself in a vulgar or offensive manner while using our service. You agree that GoSki.com may reject any User Submissions for any reason, including, but not limited to, vulgarity, nudity, other offensive content, which determination shall be at GoSki.com's sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
J. You agree that GoSki.com, should it accept a User Submission, may include that User Submission in the Website for as long or as short a period of time as GoSki.com, at its sole discretion, chooses. Furthermore, you agree that GoSki.com may edit User Reviews and other written user comments, and may edit title, description or tag words for User Videos.
K. You agree that GoSki.com shall have the right, but not the obligation, to monitor the content of the site, including chat rooms and forums and to remove any material that GoSki.com, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
L. GoSki.com reserves the right to discontinue any aspect of the Website at any time.
4. Your Use of Website Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
A.The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GoSki.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GoSki.com reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely for your information and personal use as intended through the normal functionality of the Website; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the GoSki.com Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
D. You may access GoSki.com Content, User Submissions and other content only as permitted under this Agreement. GoSki.com reserves all rights not expressly granted in and to the GoSki.com Content and the GoSki.com Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that GoSki.com 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 GoSki.com with respect thereto, and agree to indemnify and hold GoSki.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Submissions
As an GoSki.com account holder you may submit video content ("User Videos") and reviews of Resorts, Gear and User Generated Content ("User Reviews"). User Videos and User Reviews are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, GoSki.com does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GoSki.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GoSki.com, you hereby grant GoSki.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and GoSki.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. You understand and agree that GoSki.com may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.
GoSki.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GoSki.com expressly disclaims any and all liability in connection with User Submissions. GoSki.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GoSki.com will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. GoSki.com reserves the right to remove User Submissions without prior notice.
By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted, GoSki.com the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other users of the site to access, view, store or reproduce the material for their personal use. You grant GoSki.com the right to edit, copy, display, publish and distribute any material made available on the site by you.
GoSki.com is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to GoSki.com including, without limitation, responses to questionnaires or through postings to the GoSki.com website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the GoSki.com website or other websites. Furthermore, by posting on the Website or submitting to GoSki.com any User Submission or other communication, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the User Submission or other communication submitted in any media, software or technology of any kind now existing or developed in the future.
Please note GoSki.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GoSki.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against GoSki.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
We reserve the right to reject, remove or edit User Submissions at anytime without notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks; misleading information regarding the origin of the content; or a discussion of GoSki.com policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
6. GoSki.com Accounts
In order to access some features of the Website, you will have to create an GoSki.com account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GoSki.com immediately of any breach of security or unauthorized use of your account. Although GoSki.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GoSki.com or others due to such unauthorized use. The creation of an GoSki.com account is an explicit acceptance by you of these Terms of Use.
7. Intellectual Property
A. Copyright
All content included on the Website and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of GoSki.com, or its suppliers, and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of GoSki.com, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from GoSki.com. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. GoSki.com reserves the right to terminate your membership hereunder if GoSki.com, in its sole and absolute discretion, believes that you are in violation of this paragraph. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Website.
B. Trademarks
GoSki.com and each of its logos are trademarks or service marks of GoSki.com. All rights thereto are reserved. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of GoSki.com. The trademarks, service marks and trade dress of GoSki.com may not be used or reproduced without prior written approval from GoSki.com and may not be used in connection with any product or service that is not affiliated with GoSki.com, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of GoSki.com, or in any manner that disparages or discredits GoSki.com. Other trademarks that appear on the GoSki.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoSki.com. Any images of persons or personalities contained on the GoSki.com website are not an indication or endorsement of GoSki.com or any particular product or our service unless otherwise indicated.
8. Electronic Communications
By establishing an account with the Website, you consent to receiving electronic communications from GoSki.com. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with GoSki.com and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
9. Right to Terminate
GoSki.com reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. GoSki.com reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. GoSki.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at GoSki.com's sole discretion.