Introduction
By visiting or using this website, chinese-downhill.com, owned by Slopeside Media, including all content and functionality available through the chinese-downhill.com domain (collectively, the "Site" or "chinese-downhill.com", "we", or "us", as appropriate), you agree to be bound by the following Terms of Use and to our Privacy Policy. This Terms of Use Agreement is always available by following the link in the footer section of every page on the site. Chinese Downhill is provided as a free service to the skiing and snowboarding community.
Acceptance
Your use of the Chinese Downhill web site consitutes acceptance of this Terms of Use Agreement.
Revisions
By agreeing to the terms of use of Chinese-downhill.com, you agree to any and all modifications, alterations, and updates of the Terms of Use, which become effective upon being posted on the website.
Copyright
The Chinese Downhill logo and logotype, images of the web site, web site design and design elements may not be reproduced without express written consent of Slopeside Media.
Website Use/Restrictions
By agreeing to the Terms of Use of Chinese Downhill, you acknowledge that you are responsible for the protection of your account id and password (Pick a good password and don't give it out to anyone; change it periodically; don't post anything you wouldn't want the whole world knowing about; be smart). Any suspected compromises to your user account should be reported immediately through the contact form at the bottom of every page.
Posting or transmitting harmful or illegal content, interfering with the website's operation, attempted access of of password protected areas, and taking actions that will create an unreasonably large load on the web site's infrastructure will subject your account to immediate cancellation, at the sole discretion of the management of Slopeside Media.
You agree to take full responsibility for, and to hold Slopeside Media, chinese-downhill.com, and both entities' respective management free of responsibility for any legal action taken against you that's related to your use of this web site.
Please think before you post. We're fairly open about what you can do here, but the following actions will not be tolerated:
Digital Millennium Copyright Act ("DMCA")
If you believe that any content on the Site infringes upon your copyrights, including but not limited to User Content, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing:
Submit any and all claims to us via the contact link at the bottom of every page on the site. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Legal Age
The chinese-downhill.com website is not intended for children under the age of 13. By using the Site, you affirm that you are at least 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and agree to comply with the Terms. If you are under 13, please do not post User Content or otherwise use this Site.
Notices
From time to time, chinese-downhill.com uses its users' email addresses to send the email notices about matters relating to the Site. Users are responsible to keep email addresses current. Chinese-downhill.com shall not be responsible for any failure of notice due to an out-of-date email address. See the privacy policy page for more information on the personal data we collect.
Account Termination
Chinese-downhill.com reserves the right to terminate your account or your access to and use of chinese-downhill.com's services at any time, at chinese-downhill.com's sole discretion for any reason, with or without cause. If you violate these Terms, chinese-downhill.com, in its sole discretion, may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.
Disclaimer
THE SITE IS PROVIDED BY CHINESE-DOWNHILL.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHINESE-DOWNHILL.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, RESORT DESCRIPTOINS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHINESE-DOWNHILL.COM AND SLOPESIDE MEDIA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, CHINESE-DOWNHILL.COM AND SLOPESIDE MEDIA DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CHINESE-DOWNHILL.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL CHINESE-DOWNHILL.COM OR SLOPESIDE MEDIA BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE CHINESE-DOWNHILL.COM WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CHINESE-DOWNHILL.COM WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE CHINESE-DOWNHILL.COM WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CHINESE-DOWNHILL.COM WEBSITE OR THE SERVICES, OR VIEWING THE CONTENT IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CHINESE-DOWNHILL.COM CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF CONTENT ON ITS SITE, OR THE COPYING OF CONTENT BY ITS USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHINESE-DOWNHILL.COM OR THROUGH OR FROM THE CHINESE-DOWNHILL.COM WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
THE LAWS OF CERTAIN COUNTRIES 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.
Indemnity
You agree to indemnify and hold chinese-downhill.com and Slopeside Media, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms. You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any User Content you post on the Site.
General
The Terms and this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its provisions on conflicts of laws. The Terms contain the entire agreement between you and us and govern your use of the Site. Slopeside Media may also assign any rights and licenses granted in the Terms without restriction. You also may be subject to additional terms and conditions that may apply when you use or purchase certain chinese-downhill.com services, affiliate services, third-party content, or third-party software. In the case of inconsistencies between the Terms and any information included in off-line materials, the Terms shall take precedence. Any claim or dispute with chinese-downhill.com arising from your use of the Site shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Massachusetts. If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. You understand and agree that if you have any claim or dispute with the Site or chinese-downhill.com, you are required to initiate any cause of action arising from or related to your use of the Site within one year from the date that the dispute first occurred. If you fail to bring an action within that one year period, your claim against the Site and/or chinese-downhill.com is permanently barred.
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