SkiTrails Website Terms of Use

This website, SkiTrails.info (the "site"), is owned and operated by SkiTrails LLC. ("SkiTrails", "we" or “us”). By using the site, services provided on the site, or map content we make available to you through the services (collectively, "Services"), you agree to be bound by the following Terms of Service and any future modifications (collectively, the "Terms"). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.

Our services

We will make the SkiTrails Services available to you in accordance with our Service Level Agreement. Subject to these Terms, we grant you a non-exclusive, revocable license and right to:

Use the Services to develop online services and online, desktop, or mobile applications; and Make the Services available to end users in connection with their use of your online services and online, desktop, or mobile applications. If you would like to use our maps or Services for other purposes, like print media or videos, please contact us.

You may use the Services for non-commercial purposes, for commercial applications publicly accessible without charge, and for commercial mobile applications. If you subscribe to our Premium Plan, you may also use the Services in private, commercial applications for up to 1,000 end users. (An end user is a single user account on a web platform or a single user license in a desktop software application.) If you want to make use of the Services outside this description, contact us about an Enterprise plan.

Maps

You may use maps and map tiles hosted by SkiTrails (collectively “Hosted Maps”) through our APIs.

Your services and applications may permit end-users to cache Hosted Maps on their devices (e.g., laptops, smartphones, or tablets) for offline use. However, each device must populate its cache using direct requests to SkiTrails and content from a cache may only be consumed by a single end-user. You may not redistribute Hosted Maps, nor may you permit your end users to redistribute Hosted Maps, including from a cache, by proxying, or by using a screenshot or other static image instead of accessing maps through our APIs. You may not scrape or download Hosted Maps in bulk, nor may you permit your end users to scrape or download Hosted Maps in bulk, for any purpose other than offline caching on a single end user’s device.

You must provide attribution, including an "Improve this map" link on all maps. You understand that a subscription to a SkiTrails plan that offers "branding-free maps" does not waive your responsibility to provide attribution.

Some plans also require you to display SkiTrails branding. You must comply with this requirement as outlined in our documentation.

Unlawful and other unauthorized uses

You may not use the Services for any unlawful purpose. Your use of the Services must comply with all local rules regarding online conduct and acceptable content.

You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.

You may not engage in other unacceptable use of the Services, which includes:

  1. Disseminating material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
  2. Aiding or implementing practices violating basic human rights or civil liberties;
  3. Disseminating or storing material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
  4. Creating a false identity or otherwise attempting to mislead others as to the identity or origin of any communication;
  5. Exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
  6. Interfering with or attempting to gain unauthorized access to any computer network;
  7. Transmitting viruses, trojan horses, or any other malicious code or program; or
  8. Engaging in any other activity deemed by SkiTrails to be in conflict with the spirit or intent of these Terms.
  9. You may not, nor may you permit any third party to, modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us.

Documentation

In addition to the requirements above, you must adhere to all policies posted on this site in conjunction with the Services, including all accompanying documentation. All such policies are incorporated by reference into these Terms.

Your content

Your content is your content. You retain ownership of all content that you contribute to the Services.

Limited to the purpose of hosting your content so that we can provide the Services to you, you hereby grant SkiTrails a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works, and store such content and to allow others to do so. This right and license enables SkiTrails to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant SkiTrails these rights.

On termination of your account, SkiTrails will make all reasonable efforts to promptly remove from the site and cease use of your content; however, you recognize and agree that caching of or references to the content may not be immediately removed.

Publicity

We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, non-transferable license to use your trademarks, service marks, and logos for the purpose of identifying you as a SkiTrails customer to promote and market SkiTrails services. Of course, if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.

Our content and third party content

Other than your content, all content displayed on the site or accessible through the Services, including text, graphics, maps, logos, images, illustrations, software or source code, audio and video, and animations, are the property of SkiTrails and/or third parties and are protected by United States and international copyright laws. You may be held liable for any unauthorized copying or disclosure of this content. You agree that SkiTrails’ licensors shall be third party beneficiaries to these Terms and that these companies may directly enforce, and may rely upon, any provision of the Terms that confers a benefit on them or grants rights in favor of them.

All logos and product names appearing on or in connection with the Services are proprietary to SkiTrails or its licensors and/or suppliers. You may not remove any proprietary notices or product identification labels from the Services’ software, maps, or other content.

Charges and payment

Some of the Services require payment. We may charge your credit card on an ongoing basis in advance of providing Services or as needed for prepayments for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of SkiTrails Services. The subscription fee is billed in full on the first day of each billing period, unless and until you cancel your subscription.

We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SkiTrails. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.

Account cancellation or suspension

We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.

The limited license granted by this agreement terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services.

In addition, SkiTrails may cancel or suspend your account for any reason by providing you thirty days advance notice. Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.

Changes to services or terms

We reserve the right to modify these Terms at any time by posting the changed terms on the site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after we post of changes constitutes your binding acceptance of the new terms.

We may change the features and functions of the Services, including APIs, and the terms of the SLA may change over time. It is your responsibility to ensure that calls or requests you makes to the Services are compatible with then-current SkiTrails APIs. We will endeavor to avoid changes to our APIs that are not backwards compatible, if any such changes become necessary, we will use reasonable efforts to notify you prior to implementation.

Transfers

Except as provided in these Terms, the license and right to use the Services is granted only to you and may not be transferred to anyone without the prior written consent of SkiTrails.

These Terms shall benefit SkiTrails and its successors and assignees.

Indemnification

You agree to indemnify and hold harmless SkiTrails and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees arising out of:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your end users’ use of the Services in or through an application or service you provide;
  • Content you or your end users submit, post to, extracts from, or transmit through the Services.

Disclaimers

“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, MAPS, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SKITRAILS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKITRAILS OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Website operation. SKITRAILS DOES NOT WARRANT THAT THE SITE, INCLUDING ANY SOFTWARE, SERVICES, MAPS, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Non-SkiTrails content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-SKITRAILS CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-SKITRAILS CONTENT. UNDER NO CIRCUMSTANCES WILL SKITRAILS BE LIABLE FOR OR IN CONNECTION WITH THE NON-SKITRAILS CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-SKITRAILS CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-SKITRAILS CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-SKITRAILS CONTENT.

Accuracy. SKITRAILS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.

Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Limitation of liability

Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL SKITRAILS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SITE, INCLUDING SOFTWARE, SERVICES. MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF SKITRAILS OR A SKITRAILS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF SKITRAILS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO SKITRAILS IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.

Reference sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE OR OTHERWISE BY THIRD PARTIES OTHER THAN SKITRAILS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.

Claim period. YOU AND SKITRAILS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO SKITRAILS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Digital Millennium Copyright Act Compliance

If you are a copyright owner or an agent thereof, and believe that any user submission or other SkiTrails content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on SkiTrails are covered by a single notification, a representative list of such works from SkiTrails;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SkiTrails to locate the material;
  • Information reasonably sufficient to permit SkiTrails to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • The designated copyright agent to receive notifications of claimed infringement is:

SkiTrails LLC. Tel: +1-587-315-0726 Email: info@skitrails.info

Additional terms

These Terms are governed by and construed in accordance with the laws of Idaho without giving effect to any principles of conflicts of law. Any action arising out of or relating to these Terms must be filed in the Idaho courts or the federal courts in and for Idaho, and you hereby consent and submit to the exclusive personal jurisdiction and venue of these courts for the purposes of litigating any such action.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of SkiTrails to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. SkiTrails reserves all rights not expressly granted to you.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SkiTrails as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and SkiTrails other than pursuant to these Terms.