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Terms and Conditions

Terms of Use

Acceptance

By using this website, you agree to Ski Tube’s Terms and Conditions and SkiTube's Privacy Notice, found on this website. If you do not agree, please DO NOT use this website.

Although we may occasionally notify you of any major changes made in these agreements, please visit our website and review there policies periodically. SkiTube may, at any time, modify or make changes to any of these policies, and you agree to be bound by these changes in terms or policies.

SkiTube website

These terms and policies apply to all users of the SkiTube website, including any users who are also contributors of video content or any other materials on the website.

The SkiTube website may contain links or third party software that is not owned by SkiTube. SkiTube and its owners, Everything Online Resorts, Inc., (hereafter known as EOR, Inc.), has no control over, and assumes no liability or responsibility for, the content, privacy policies, terms of use or practices of any of these websites, or their software. By using this website, you expressly relieve SkiTube from ANY and ALL liability arising from your use of any third-party website or software.

We encourage you to read the privacy policies and terms of use for any website that this website may direct you to.

Your Account

To use some of the features of SkiTube, you will be required to create an account. When creating your account, you agree to provide accurate and complete information. You are solely responsible for any activity that occurs on your account. Please keep your username and password secure at all times. You are never permitted to use another person’s account.

SkiTube will NOT be liable for any losses caused by any unauthorized use of your account.

You may be liable for any losses to SkiTube or any others due ro unauthorized use of your account.

Use of the website

SkiTube grants you permission to use the SkiTube website as outlined in these Terms and Conditions provided that:

You agree not to distribute in ANY medium any part of the website, including user submissions, without prior written permission of SkiTube.

You agree not to alter any part of the website at any time.

You agree to use the website for ANY COMMERCIAL USE.

You agree not to launch any automated system; "robots, spiders, offline readers", that access the website and send more request messages than a human can reasonably send using an on-line browser. SkiTube does allow public search engines to use "spiders" to copy materials from the website for the sole purpose of creating publicly available indices of the materials.

You will comply with all local, national, and international laws and regulations when using the website.

SkiTube reserves the right to discontinue any prt of the website at any time.

Content

In addition to the policies and terms above, certain restrictions and conditions apply to your use of content on SkiTube:

All content of the SkiTube site, except user submissions, including without limitation; text, software, graphics, photos, sounds, music, videos, software, scripts, logos (marks) are owned by or licensed to SkiTube, and are subject to copyright and other intellectual property l rights under the law. Any content provided by you is provided AS IS for your personal use and informational use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, sold, licensed, ot otherwise exploited for any other purposes whatsoever without prior WRITTEN consent from SkiTube or the respective owners.

You may access user submissions solely for:

• Your personal use
• Streaming

"Streaming" means any digital transmission of an audiovisual work via the Internet from the SkiTube server or third party server to a user’s device in such a manner that the presentation is intended for real-time viewing and not intended for copying, reproducing, distributing, transmitting, broadcasting, displaying, licensing, selling, or redistributing by the user. Accessing or viewing any user videos for any purpose other than streaming is expressly prohibited.

User Comments

User comments are made "as is", and available for your information and personal use only, and may not be used, copied, reproduced, transmitted, broadcast, sold, licensed, downloaded, displayed, or exploited in any manner not intended by the normal functionality of the SkiTube website service.

SkiTube reserves all rights not expressly granted in for the SkiTube content or service agreements.

You agree not to use, copy or distribute any content other than expressly granted use,

including any copy, use or distribution of content for any commercial purposes.

You understand that when using the SkiTube site, you will be exposed to user submissions from many sources, and that SkiTube is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relationg to such user submissions. You further understand that you may be exposed to user submissions that may be inaccurate, offensive, indecent, or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SkiTube with respect threrto, and agree to indemnify and hold SkiTube, its Owners/Operators, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding any and all matters related to your use of the website.

User Submissions

As a SkiTube account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User 
 Submissions are published, SkiTube does not guarantee any confidentiality with respect to any User Submissions.

B. 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 SkiTube 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 Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to SkiTube, you hereby grant SkiTube 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 SkiTube Website and SkiTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the SkiTube Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SkiTube 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 Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the SkiTube Service. You understand and agree, however, that SkiTube may 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 Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret 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 SkiTube all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the SkiTube Community Guidelines, found at http://www.SkiTube.us/community_guidelines.php, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. SkiTube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SkiTube expressly disclaims any and all liability in connection with User Submissions. SkiTube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SkiTube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SkiTube reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. SkiTube will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. SkiTube reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SkiTube may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

C. YOU AGREE THAT YOUR USE OF THE SKITUBE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SKITUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SKITUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKITUBE WEBSITE. SKITUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SKITUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SKITUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL SKITUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKITUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SKITUBE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by SkiTube from its facilities in the United States of America. SkiTube makes no representations that the SkiTube Website is appropriate or available for use in other locations. Those who access or use the SkiTube Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless SkiTube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SkiTube Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SkiTube Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SkiTube Website is not intended for children under 13. If you are under 13 years of age, then please do not use the SkiTube Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

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

14. General

You agree that: (i) the SkiTube Website shall be deemed solely based in Texas; and (ii) the SkiTube Website shall be deemed a passive website that does not give rise to personal jurisdiction over SkiTube, either specific or general, in jurisdictions other than Texas. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and SkiTube that arises in whole or in part from the SkiTube Website shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas. These Terms of Service, together with the Privacy Notice at http://www.SkiTube.com/privacy and any other legal notices published by SkiTube on the Website, shall constitute the entire agreement between you and SkiTube concerning the SkiTube Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SkiTube's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SkiTube reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the SkiTube Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SKITUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SKITUBE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.