“Catch the spirit” 85 Years, on and off the slopes
Agreement between User and Pittsburgh Ski Club
Thank you for using PittsburghSkiClub.org. This website was built for the convenience and benefit of the membership. Members may view news articles, view and sign up for trips and other events, participate in blogs and surveys, upload and download photos of club events, check local weather and ski conditions, and more. In addition, links are provided to the Western Pennsylvania Ski Council (WPSC) to view their events, trips and race results as well as links to many of the WPSC member club websites. Within the scope of this agreement, we may be referred to (collectively and individually) as “Pittsburgh Ski Club”, “PittsburghSkiClub.org”, “PittsburghSkiClub.org Website”, “Our”, “PSC” and “The Club”. You may be referred to as “You”, “Your”, “User(s)”and “Member(s)”. Non–members (i.e. visitors and guests) are limited to only viewing news, Blog and survey items, downloading a recent newsletter as a sample and applying for membership online. Your use of the “PittsburghSkiClub.org” Website is contingent upon your acceptance without modification of the terms, conditions and notices contained herein. Your logon to PittsburghSkiClub.org constitutes your agreement to all such terms, conditions and notices.
ACCEPTANCE OF TERMS.
SIGN UP – BASIC TERMS
Upon acceptance of your application and payment of the applicable membership fee, you will become a member of Pittsburgh Ski Club. All new and renewing members are assigned a membership number by the Membership Committee for the current fiscal year. Members in good standing with a valid current membership number may register a username and password to use to logon to the website. At the end of the fiscal year (May 31st), you will be given a two month grace period to renew your membership. If your membership is not renewed by July 31st of the current fiscal year, your membership number will be removed from the database, which will disable your ability to logon to the website. When you subsequently renew your membership, your newly assigned membership number will restore your ability to logon to the website without having to re–register your username and password.
You agree to provide and maintain accurate, complete and updated information to Pittsburgh Ski Club.
We currently have little to no advertising but may change or add advertising banners, textlinks and/or search boxes in the future.
Certain functions of the website may initiate an Email to you. You agree that you will not report our Emails as spam and explicitly agree to receive emails from PittsburghSkiClub.org at a valid email address.
By uploading images to PittsburghSkiClub.org you are granting an irrevocable license for the use of such images to any and all visitors to PittsburghSkiClub.org with NO USAGE RESTRICTIONS for either personal or commercial use. Pittsburgh Ski Club is in no way responsible for the subsequent use of uploaded images and you release Pittsburgh Ski Club from any disputes regarding such use.
You agree not to upload any images to PittsburghSkiClub.org for the purposes of embarrassment, harassment, hate, discrimination or defamation of any individual or group.
You agree not to upload any images to PittsburghSkiClub.org that were not photographed directly by you. In addition, if your image was created in a jurisdiction where a model release is required, you will not upload any such image unless you have a valid, signed model release in your possession and you further agree to keep such model release on file. If any such model release should become void, lost, destroyed or otherwise invalid, you will immediately notify the webmaster via email to remove the related image(s).
You agree to forfeit any demands for compensation, remuneration, income or other consideration from Pittsburgh Ski Club, its members, or others using images downloaded from the PittsburghSkiClub.org website. You explicitly agree to this forfeiture even if Pittsburgh Ski Club charges a fee to distribute your image as part of a compilation on CD, DVD or other media.
You agree that Pittsburgh Ski Club officers, webmaster or others may reject, remove, delete, edit, recategorize, resize, recolor or otherwise modify your photos at any time without your prior approval.
You agree not to download any photos or images that contain a PittsburghSkiClub.org watermark. You further agree not to download, copy or capture the Pittsburgh Ski Club logo, site icons and thumbnails, or any user Avatar icons. The Pittsburgh Ski Club logo may not be used for any purpose without written consent from the Club Board of Directors.
You may download and use any of the photos contained in any of the photo albums on the PittsburghSkiClub.org website free of charge for any commercial or personal use, subject to the terms contained herein.
Reselling photos downloaded from PittsburghSkiClub.org either individually or together with other photos without prior written permission from the Pittsburgh Ski Club Board of Directors is strictly prohibited.
You agree not to use any images downloaded from PittsburghSkiClub.org for the purposes of embarrassment, harassment, hate, discrimination or defamation of any individual or group.
If you use an image downloaded from PittsburghSkiClub.org on a commercial website, you agree to post the URL of the webpage that contains the image for the purpose of allowing the photographer to see where and how their image is being used, as well as providing an example of use to others.
Pittsburgh Ski Club cannot be held responsible for any copyright violations and we cannot guarantee the legality of the photos made available for download. You explicitly indemnify and hold Pittsburgh Ski Club harmless should a photo be found to be in violation of any copyright, law or trademark. You agree that you are making use of the PittsburghSkiClub.org website and downloaded images at your own risk.
We reserve the right to change the terms and conditions of this agreement at any time without prior notice. Such changes will be posted on our web site at PittsburghSkiClub.org. You agree to review any changes to this agreement and, if such changes are not acceptable to you, immediately notify the webmaster or a member of the “Membership Committee” to deactivate your logon. If, at a later date, you accept the modified terms, your logon can be reactivated.
ADDITIONS, DELETIONS AND MODIFICATIONS TO THE PittsburghSkiClub.org WEBSITE
By accepting this Agreement, you hereby acknowledge and agree that, in our sole discretion, we may modify, add or discontinue, temporarily or permanently, any aspect of the PittsburghSkiClub.org Website at any time with or without prior notice, including, without limitation, modification, addition or discontinuance of advertising, content and functionality appearing as part of the PittsburghSkiClub.org Website. You agree that we will not be liable to you or to any third party for any modification, addition, suspension or discontinuance of the PittsburghSkiClub.org Website.
NO UNLAWFUL OR PROHIBITED USE AND TERMINATION
We reserve the right to report uploads of any pictures that we, in our sole discretion, may qualify as Child Pornography, to any law enforcement or other reporting agency.
The following are grounds for immediate termination of logon privileges without notice:
- 1. Harassment or humiliation of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law–enforcement agency and/or Pittsburgh Ski Club.
- 2. Defamation, abuse, stocking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of other members.
- 3. Impersonating another user or otherwise falsifying one’s identity for fraudulent purposes in e–mail, forum, Usenet postings, on IRC, or with any other Internet service.
- 4. Knowingly sharing you logon information with non–members so that they can access content and services, which they are not entitled to.
- 5. Abusive uploading.
- 6. Attempting to damage the website or attempting to damage another’s computer or property by uploading viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other malicious content.
- 7. Attempting to disrupt the website with “Denial of Service” attacks and the like.
- 8. If we detect hacking, password mining or trying to gain access to parts of the website outside of your logon privileges.
- 9. Unauthorized use of the Club Logo, member information or other content gained from the PittsburghSkiClub.org website.
- 10. Harvest or otherwise collect information, including creating mailing lists, E–mail lists, contact lists and the like from member information for personal use not related to official club business or with the intent to sell or distribute such lists to third parties.
- 11. Use of the website to conduct personal surveys, contests, pyramid schemes, chain letters, junk E–mail campaigns, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- 12. Uploading, or otherwise making available, photographs, or other content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- 13. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the content that is uploaded.
We reserve the right, in our sole discretion, to suspend or terminate your access to our Website and the related Services or any portion thereof, at any time, without notice. We will terminate for any breach of our terms of service or for any activity which constitutes an unlawful or prohibited use as described herein.
PittsburghSkiClub.org and each portion thereof is provided “as–is” without any warranties of any kind, whether express, implied, statutory or otherwise including but not limited to, any warranty that PittsburghSkiClub.org will meet your requirements, PittsburghSkiClub.org will be uninterrupted, timely, secure or error–free, or any implied warranties of merchantability, fitness for any particular purpose or noninfringement. Your use of the PittsburghSkiClub.org website is entirely at your own risk. We will make a reasonable attempt to keep information current and accurate. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, aspects of the above exclusion may not apply to you. In such jurisdictions, any warranties will be limited to the maximum extent permitted by applicable law.
You represent and warrant that any material which you place or permit to be placed on the PittsburghSkiClub.org website with or without your authority, or on the Internet and/or the Web through the PittsburghSkiClub.org website, including your photo(s), will not violate the rights of any third party and will not give rise to any claim of such violation, violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to copyright, model release, obscenity, indecency, harassment, or export controls, or contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, worms, viruses or the like. You shall indemnify and hold Pittsburgh Ski Club and its officers and directors harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys’ fees and costs and settlement costs) arising out of any breach by you of any of the representations, warrantees or agreements set forth in these Terms and Conditions.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE PITTSBURGH SKI CLUB’S WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PITTSBURGH SKI CLUB AND PITTSBURGH SKI CLUB IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. PITTSBURGH SKI CLUB IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PITTSBURGH SKI CLUB IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PITTSBURGH SKI CLUB OF THE SITE.
COPYRIGHT AND TRADEMARK NOTICES
Use, Copyright (©) and Trademark (™) notices do not apply to images found in our photo albums and archives that are from the public domain.
All contents of our Website are copyrighted by Pittsburgh Ski Club, All rights reserved. You agree not to modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from the content obtained through our Website to anyone, as stock photography without our express prior written consent. Trademarks or copyrights of Third parties mentioned on our Website or hyperlinked there from are the registered trademarks and copyrights of their respective owners. Content owned by providers of Pittsburgh Ski Club logo–ware and other products may be subject to additional restrictions. Any rights not expressly granted herein are reserved.
This agreement may not be amended or modified by you except by means of a written document signed by both you and the Pittsburgh Ski Club Board of Directors. This agreement, together with all approved modifications, constitutes the entire and exclusive agreement between you and the Pittsburgh Ski Club and supersedes all prior proposals, agreements and other communications.
You concur that this agreement does not create any agency, partnership, or other form of joint enterprise between you and Pittsburgh Ski Club.
The failure of Pittsburgh Ski Club to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Pittsburgh Ski Club of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this agreement is held invalid or unenforceable, such invalidity or unenforceability shall not render this agreement invalid or unenforceable as a whole.
You agree that any notices required to be given under this agreement by Pittsburgh Ski Club to you will be deemed to have been given if delivered in accordance with the contact information you have supplied.
A printed version of this agreement, together with the Disclaimer and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as non–electronic business documents and records.
If you have questions about our terms of service, please address your question in the form of a letter to the Pittsburgh Ski Club Board of Directors.