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Teton Gravity Research Terms of Use

Date of last revision: April 17, 2014

Introduction

Hello! Welcome to TGR’s Terms of Use. Please read this carefully before using our site, services, or products. This is a binding contract between you and Teton Gravity Research, LLC (“ Teton Gravity Research” or “TGR”). Please feel free to email us if you have any questions or suggestions at legal@tetongravity.com.

Accepting the Terms of Use

THIS IS A LEGAL CONTRACT BETWEEN YOU AND TGR THAT GOVERNS YOUR USE OF THE SERVICES, AS DEFINED BELOW. BY SIGNING UP FOR A TGR COMMUNITY ACCOUNT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IF AND WHEN YOU CHOOSE TO ACCESS OR USE THE SERVICES.

Please read these Terms of Use and our Community Guidelines (collectively, the " Agreement") carefully before using tetongravity.com (the " Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Teton Gravity Research (all of those collectively with the Site, the " Services"). By using or accessing the Services, you agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you are not permitted to use the Services. As set forth herein, “ User” means any person who accesses any of the Services including the Site, and “ Subscriber” means any User who creates an Account (as defined below) on the Site.

Modifications to this Agreement

Teton Gravity Research reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed through the Services (such as through a notification on your Profile Dashboard or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. If you do not agree with such modifications, you must stop using the Services.

We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.

In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen (14) days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

Use of the Services

This Site is provided as an interactive and informational resource.It is provided to you by the owner of this Site (“us” or “we” or “our”), in connection with our partners, service providers (“Service Provider”), sponsors, or other affiliates.

This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”).The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, our Service Provider and their partners, sponsors, or affiliates.The Content is protected by copyright under both United States and foreign laws.Unauthorized use of the Content may violate copyright, trademark, and other laws.You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.No other use is permitted without prior written consent from us or the owner of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content. Violation of these Terms of Use may also subject you to civil liability for copyright infringement or other civil damages or penalties.

Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “ Third-Party Trademarks ”).Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site.The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Site contains links to third-party websites (“ External Sites ”).These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.The content of such External Sites is developed and provided by others.You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.

The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Provider. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Use.

Service Changes and Limitations

The Services change frequently, and their form and functionality may change without prior notice to you. TGR retains the right to create limits on, and related to, the use of the Services in its sole discretion at any time with or without notice. TGR may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. TGR may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. TGR may also terminate or suspend User Accounts at any time, in its sole discretion.

TGR is an ever-evolving platform. With new products, services, and features launching all the time, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings (like features that flop). We can also terminate or suspend any account at any time. That sounds harsh, but we only use that power when we have a reason, as outlined in these Terms of Use, our Privacy Policy, and our Community Guidelines.

Eligibility and Age Requirement

You have to be at least 13 years old to use the Services, and be otherwise legally eligible to use the Services. We're serious: it's a hard rule, based on U.S. federal and state law.

No individual under the age of thirteen (13) may use the Services, provide any personal information to TGR, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). If you are under the age of majority in your state or country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the terms of this Agreement. You may only use the Services if you can form a binding contract with TGR and are not legally prohibited from using the Services. By using the Services and therefore accepting the Agreement, you represent that you are eligible to use the Services, as described above.

Notice to Parents and Guardians: By granting your child permission to use the TGR Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the TGR Service. If your child is using the TGR Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the TGR Service is appropriate for your child, please review our Frequently Asked Questions.

Registration and Account Security:
 TGR users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on TGR, or create an account for anyone other than yourself without permission.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our permission.
  • You will not use your personal timeline primarily for your own commercial gain, and will use a TGR Page for such purposes.
  • You will not use TGR if you are under 13.
  • You will not use TGR if you are a convicted sex offender.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  • If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).


Privacy

For information about how TGR collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by TGR and the TGR Affiliates (as defined below).

Content and Subscriber Content

Definitions:

For purposes of this Agreement: (1) the term " Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term " Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.

The Site may now or in the future permit the submission of Content at the direction of users of the Site (“ User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.

Your Rights:

TGR does not claim any ownership rights in your Content. After posting your Content, you continue to retain ownership of your Content, and you continue to have the right to use and license your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take your Content from your account and cancel your Account and TGR does not retain any license rights except as provided below.

You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and our (and our affiliates and successors’) business, including without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In addition to the foregoing licenses, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by us.

Content Restrictions

In connection with User Content, an upload, post or transmit (collectively, “submit”) and video, image, text, audio recording, or other work (collectively, “content”) you agree you will not:

  • submit material that is copyrighted, trademarked, protected by trade secret(s) 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 us and our Service Provider all of the license rights granted herein;
  • publish falsehoods or misrepresentations that could damage us or any third party;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, 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;
  • post unauthorized commercial communications (such as spam). advertisements or solicitations of business;
  • collect users' content or information, or otherwise access TGR, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
  • engage in unlawful multi-level marketing, such as a pyramid scheme, on TGR;
  • upload viruses or other malicious code;
  • solicit login information or access an account belonging to someone else;
  • bully, intimidate, or harass any user;
  • post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
  • develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions; or
  • impersonate another person.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if we are properly notified in writing that such Content or User Content infringes on another's intellectual property rights.

We or our Service Provider may remove any Content and User Content for any reason without prior notice. We or our Service Provider may also terminate your access to the Site, if you are determined to be a repeat infringer of these Terms of Use. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, poor audio or video quality or excessive length. We or our Service Provider may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Third Party Copyrights and Other Rights

TGR respects the intellectual property rights of others.If you are a copyright owner or an agent thereof and believe that any User Content or other 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 at copyright@tetongravity.com.(see 17 U.S.C 512(c)(3) for further detail):

1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.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 the Service Provider to locate the material;

4.Information reasonably sufficient to permit the Service Provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

5.A statement that you have 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

6.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) isGinny Hutchinson, Teton Gravity Research, PO Box 1346

1260 North West Street, Wilson, WY 83014 or copyright@tetongravity.com.For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on this site.

If a counter-notice is received by the Copyright Agent, TGR may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TGR's sole discretion.

Editorial Review

While TGR regularly posts content under its "Teton Gravity Research" account, all community members are welcome to submit their own content, which will undergo editorial review. We generally ask that content is:

  • Your Own
  • Original
  • Timely
  • Well Researched & Factual
  • Quality Focused
  • Interesting
  • Free Of Common Grammatical And Spelling Mistakes

Our editors review all submitted content on a daily and weekly basis. Content pieces that fail to adhere to these standards or are otherwise advertorial, misrepresentative, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encouraging thereof will likely face rejection. Content pieces that meet or come close to meeting these standards will undergo further review by our editors, who may alter them or their meta information so that they fall within the above guidelines. Please see our Community Guidelines for more information.

Content pieces that adhere to the above guidelines and contain particularly substantive and quality content may be featured on TetonGravity.com and throughout the site as "Featured Content" items. "Featured Content" items broadly encompass any combination of videos, blogs, reviews and photos that relate to the ski and snowboard world.

For questions or concerns regarding our editorial process, please contact legal@tetongravity.com

Compliance with Community Guidelines

You agree that you won't violate TGR’s Community Guidelines.

Termination and Deletion:

On termination of your Account, or upon your deletion of particular pieces of User or Subscriber Content from the Services, TGR shall make reasonable efforts to make such User or Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed User or Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the User or Subscriber Content may not be entirely removed (due to the nature of re-posting, for example).

Registration and Security

As a condition to using certain of the Services, you may be required to create an account (an " Account") and select a password and TGR username.

You agree to provide TGR with accurate, complete, and updated registration information, particularly your email address.

It's really important that the email address associated with your TGR Account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your Account.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify TGR immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

Indemnity

You agree to defend, indemnify, and hold us and our Service Provider harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site.We or our Service Provider shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.NEITHER WE NOR OUR AFFILIATES OR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

NEITHER WE NOR OUR AFFILIATES OR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, OUR AFFILIATES AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.IN SUCH STATES, OUR, OUR AFFILIATES AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Termination

TGR may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, TGR may immediately terminate or suspend User Accounts that have been flagged for repeat copyright or other intellectual property infringement.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to TGR or any third party.

General Provisions

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.

These Terms of Use are governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Teton County, Wyoming.If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.Failure by us or our Service Provider to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use.No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.Except as expressly agreed by us and you, this Agreement and these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.The section headings are provided merely for convenience and shall not be given any legal import.This Agreement and these Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Special Provisions for Users Located Outside of the United States

TGR provides global products and services and enables a global community for individuals to share and follow the things they love. TGR’s servers and operations are, however, located in the United States, and TGR’s policies and procedures are based on United States law. As such, the following provision applies specifically to Users located outside of the United States: you consent to the transfer, storage, and processing of your information, including but not limited to User or Subscriber Content and any personal information, to and in the United States and/or other countries. You hereby represent and warrant that you have full legal ability to use the Site and the Services as set forth in this Agreement and to be legally bound by the terms of this Agreement.

End of this document. Have an excellent day.