This website and the mobile applications and services available (the “Application”) are made available to you by SkiMaster, LLC (“UmsCloud”) subject to these terms and conditions, including those set forth in the SkiMaster Privacy Policy (the “Terms”). By accessing, using or downloading any materials from the Application, you agree to follow and be bound by the Terms, which may be updated by SkiMaster from time to time without notice to you. You can review the most current version of the Terms at any time at Terms of Use. SkiMaster and its third party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in the Application at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Application. If you do not agree with the Terms, please do not use the Application. BY CONTINUING TO USE THE APPLICATION, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
SkiMaster reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any portion thereof with or without notice. You agree that SkiMaster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or any portion thereof.
SkiMaster cannot provide the services or perform the agreement described in these Terms of Use without processing data about you, and other SkiMaster users, including location data. Processing of the data you share with SkiMaster, including location data, is essential to the Application and a necessary part of our performance agreement we have with you.
Registration
The Application are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. In order to access certain functionality of the Application, such as that relating to health data, you must be at least 16 years old.
To use the services available on the Application, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Application’s registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that SkiMaster may use your User Data to provide services on the Application for which you have expressed interest. If you provide any information that is inaccurate or not current, or SkiMaster has reasonable grounds to suspect that such information is inaccurate or not current, SkiMaster has the right to suspend or terminate your account and refuse any and all current or future use of the Application. In consideration of your use of the Application, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
User Conduct
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your smart phone while logged into the Application. You accept responsibility for all activities that occur under your account or from your smart phone. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Application or its contents. You agree to immediately notify SkiMaster of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to SkiMaster.
You agree that SkiMaster is not responsible for, and does not endorse, the information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials (“Content”) posted on the Application. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and SkiMaster, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with SkiMaster is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place SkiMaster in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of SkiMaster other than as set forth in the Privacy Policy, and SkiMaster will not be liable for any use or disclosure of any Content you provide.
The Application may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. SkiMaster will maintain the privacy of such Content in accordance with your elections. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made publicly available, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy settings.
You agree to not use the Application to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a SkiMaster official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available 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; (h) interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Application or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Application.
You acknowledge that SkiMaster may or may not pre-screen or monitor Content, but that SkiMaster and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Application. Without limiting the foregoing, SkiMaster and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Application, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that SkiMaster may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SkiMaster, its users and the public. Subject to the foregoing, SkiMaster will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The Application is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Application, use of the Application or access to the Application.
Content Submitted to the Application
You own and bear sole responsibility for the Content that you make available in connection with the Application whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. This license ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it.
This means that you, and not SkiMaster, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Application. SkiMaster does not control or monitor the Content posted to the Application by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Application, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SkiMaster be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Application.You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
SkiMaster does not claim ownership of Content you may submit or make available for inclusion on the Application. However, with respect to Content you submit or make available for inclusion on the Application (other than User Data or Payment Method information), you grant SkiMaster a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the Application for the purposes of providing and promoting the Application and the features and services available on the Application.
Dealings with Third Party Service Providers and Advertisers
Third party product and service offerings made available for purchase by you on the Application are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Application, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with SkiMaster. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Although we are interested in receiving feedback regarding our third party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third party service providers and advertisers, SkiMaster is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Application. YOU AGREE THAT SkiMaster SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE APPLICATION.
Links
The Application may provide, or third parties may provide, links to other Internet sites or resources. Because SkiMaster has no control over such sites and resources, you acknowledge and agree that SkiMaster is not responsible for the availability of such external Applications or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Applications or resources.
You are granted a limited, non-exclusive right to create a text hyperlink to the Application, provided such link does not portray SkiMaster or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Application for your personal, non-commercial use, solely as described on the Application. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
Interactions with Application Users
The Application functions as a venue to connect members in a virtual information place. As a neutral facilitator, SkiMaster is not directly involved in the actual transactions between members of the Application. As a result, SkiMaster has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Application. SkiMaster shall have no responsibility to confirm the identity of members. SkiMaster shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Application. You shall at all times exercise caution, common sense and good judgment when dealing with any user of the Application.
Electronic Communications
The Application may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or SkiMaster. You agree to use communication methods available on the Application only to send communications and materials related to the subject matter for which SkiMaster provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the Application, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by SkiMaster (unless expressly stated otherwise by SkiMaster) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by SkiMaster in any manner, though SkiMaster reserves the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
Proprietary Rights
You acknowledge and agree that the Application, any necessary software used in connection with the Application (if any) and any Content available on the Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by SkiMaster or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Application, the software or Content available on the Application (other than Content that you may submit), in whole or in part.
SkiMaster grants you a personal, non-transferable and non-exclusive right and license to access and use the Application; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Application. You agree not to access the Application by any means other than through the interface that is provided by SkiMaster for use in accessing the Application.
The term SkiMaster, the SkiMaster logo and other SkiMaster logos and product and service names are the exclusive trademarks of, and are owned by, SkiMaster, Inc., and you may not use or display such trademarks in any manner without SkiMaster’s prior written permission. Any third party trademarks or service marks displayed on the Application are the property of their respective owners.
SkiMaster reserves all rights not expressly granted hereunder.
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Application and the information and services we make available through the Application (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to SkiMaster a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send SkiMaster any Feedback that you do not wish to license to us as set forth above.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. SkiMaster AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SkiMaster AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (b) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT SkiMaster IS NOT PROVIDING MEDICAL ADVICE VIA THE APPLICATION. THE CONTENT PROVIDED THROUGH THE APPLICATION, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS APPLICATION, AND YOU SHOULD NOT USE THE APPLICATION OR ANY CONTENT ON THE APPLICATION FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND SkiMaster.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES, WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST ON THE APPLICATION (INCLUDING BUT NOT LIMITED TO CYCLING) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF SkiMaster OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT SkiMaster DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, GROUP RIDE OR EVENT THAT UTILIZES SkiMaster’S APPLICATION.
YOU EXPRESSLY AGREE TO RELEASE SkiMaster, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ATHLETIC ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APPLICATION, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY SkiMaster WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE APPLICATION, (d) ANY DELAY OR INABILITY TO USE THE APPLICATION EXPERIENCED BY YOU, (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SkiMaster HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold SkiMaster and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Application, your use of the Application, your athletic activities which generate the Content you post or seek to post on the Application (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which SkiMaster sponsors, organizes, participates in, or whose Application is used in connection with), your connection to the Application, your violation of the Terms, or your violation of any rights of another person or entity.
Termination
You agree that SkiMaster may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Application. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Application (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Application. Termination of your account may include (x) removal of access to all offerings within the Application, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Application. Further, you agree that all terminations for cause shall be made in SkiMaster’s sole discretion and that SkiMaster shall not be liable to you or any third party for any termination of your account or access to the Application.
APPLICABLE LAWS
This Application is controlled by SkiMaster from its offices within the United States of America. SkiMaster makes no representation that the Content in the Application or the Application are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Application from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
Any action related to the Application, the Content or the Terms shall be governed by Massachusetts law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Boston, Massachusetts for any legal proceedings related to the Application or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Application or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Certain sections of these Terms and Conditions that by their terms survive, shall survive the termination of your account and/or the Terms including but not limited to Terms of Use, Content Submitted to the Application, Proprietary Rights, User Conduct, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and the General sections.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and SkiMaster as a result of the Terms or your use of the Application. The Terms constitute the entire agreement between you and SkiMaster with respect to your use of the Application. The failure of SkiMaster to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of SkiMaster. SkiMaster has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Application. SkiMaster’s notice to you via email, regular mail or notices or links on the Application shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Support and Questions
We will provide support to you related to the Application via the following:
Email (feedback@umshz.com)