SKI AND SNOWBOARD LIVE – GENERAL TERMS & CONDITIONS YOUR ACCEPTANCE Welcome to skiandsnowboard.live a site operated by Infront Sports & Media AG. By using and/or viewing this website (collectively, including all content and functionality available through the skiandsnowboard.live domain name(s), the “skiandsnowboard.live Website”, or “Website”), you signify your assent to these Terms of Service. If you do not agree to any of these terms, then please do not use skiandsnowboard.live. Infront Sports & Media AG reserve the right, at own discretion, to change, modify, add and/or remove portions of these Terms of Service at any time. You can always check out the latest version of the Terms of Service on this page. These Terms of Service apply to all users of the skiandsnowboard.live Website, including users who are also contributors of video content, information, and other materials or services on the Website. The skiandsnowboard.live Website includes all aspects of skiandsnowboard.live, including but not limited to all products, software and services offered via the Website such as the skiandsnowboard.live channels, the skiandsnowboard.live “Embeddable Player,” and other applications. SKIANDSNOWBOARD.LIVE ACCOUNTS In order to access some features of the Website, you will have to create a skiandsnowboard.live account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are obliged to notify skiandsnowboard.live immediately of any breach of security or unauthorised use of your account. Although skiandsnowboard.live will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of skiandsnowboard.live or others due to such unauthorized use. CONTENT OWNERSHIP All media available at skiandsnowboard.live, including without limitation all information, audio, video, data, online services, games, text, animation and graphics (“Content”) is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights of Infront Sports & Media AG or third parties who have licensed Infront Sports & Media AG to make such Content available to skiandsnowboard.live users. Infront Sports & Media AG, on behalf of itself, its Content providers and licensors, expressly reserves all intellectual property rights in all Content accessible through skiandsnowboard.live. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your usage of skiandsnowboard.live. PERMISSIBLE USE Infront Sports & Media AG maintains skiandsnowboard.live for your personal entertainment and enjoyment, and all use of skiandsnowboard.live is for private, non-commercial viewing and use only. Infront Sports & Media AG grants you a non-exclusive, non-transferable, revocable license to access and use skiandsnowboard.live solely for personal, private, non-commercial purposes in accordance with these Terms of Service, provided that you maintain all copyright, trademark and other proprietary notices contained therein. If you violate any of the Terms of Service, your permission to access and use skiandsnowboard.live automatically terminates. You may not: • access, use, reproduce, display, distribute, transmit, perform, modify, create derivative works or compilations from, sell or otherwise exploit, in whole or in part, any of the Content available through skiandsnowboard.live, except as you are expressly authorised to do so by the legal owner of the particular Content; • use skiandsnowboard.live or Content so as to violate any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions; • use the skiandsnowboard.live in connection with any effort by you to defeat any copyright management information or any technological measures that control access to a copyrighted work; • access data not intended for you or log onto a server or an account that you are not authorized to access; • interfere with service to any user, host or network, including without limitation via means of submitting a virus to skiandsnowboard.live or its users, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” • remove, decompile, disassemble or reverse engineer any skiandsnowboard.live software; • use any robot, spider, other automatic device or process to monitor or copy any portion of skiandsnowboard.live or any Content; • probe, scan or test the vulnerability of skiandsnowboard.live or breach security or authentication measures; • use skiandsnowboard.live for the purpose of gathering information for or transmitting unsolicited email, including promotions and/or advertising of products or services; THIRD PARTY CONTENT You agree that Infront Sports & Media AG’s Content providers, and not Infront Sports & Media AG, are entirely responsible for all Content and any other information (e.g., titles and descriptions) that such Content providers make available through skiandsnowboard.live. You also agree that, to the extent skiandsnowboard.live users post any information on skiandsnowboard.live, those users, and not Infront Sports & Media AG, are entirely responsible for all information posted by them. Infront Sports & Media AG does not and has no obligation to control Content or other information made available by anyone other than Infront Sports & Media AG itself and, as such, does not guarantee the accuracy, integrity or quality of such Content or information. Infront Sports & Media AG shall not be liable in any way for any Content or other information made available by anyone other than Infront Sports & Media AG itself, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission. Third party web sites may link to skiandsnowboard.live. You understand that the information and opinions expressed by third parties are those of the respective third party alone and not Infront Sports & Media AG. Infront Sports & Media AG shall not be liable for any mistakes, misrepresentations, omissions, error, inaccuracy, defamation, harassment, opinions expressed, libel, slander, omission, falsehood, obscenity, pornography, profanity or invasion of privacy by third parties. COMPLAINTS AND INVESTIGATIONS In the event you believe your copyrighted content is being infringed through skiandsnowboard.live, you agree to provide Infront Sports & Media AG with notice of such infringement immediately to [email protected] MODIFICATION OR INTERRUPTION OF SERVICE Infront Sports & Media AG reserves the right to modify or discontinue, temporarily or permanently, skiandsnowboard.live (or any part thereof) without advance notice to you. You acknowledge and agree that Infront Sports & Media AG will not be liable to you or to any third party for any modification of skiandsnowboard.live or any interruption of the availability of skiandsnowboard.live, regardless of reason or duration. LINKS TO THIRD PARTY SITES Inclusion of links from skiandsnowboard.live to any third-party website does not imply our approval or endorsement of the linked website. If you decide to leave skiandsnowboard.live and access the third-party sites, you do so at your own risk. Infront Sports & Media AG is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that Infront will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites. PRIVATE INFORMATION You acknowledge that you have read and agree to the Privacy Policy. CHILDREN No information may be submitted to us by persons under the age of 13 without the consent of a parent or legal guardian, nor may persons under the age of 13 undertake transactions or take other legal acts on this site without such consent, unless permitted by applicable law. INDEMNIFICATION You agree to indemnify, defend and hold Infront Sports & Media AG, its distribution partners and Content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this agreement or use of the Site. NO WARRANTY The site and all Content is provided to you on an “As-is” basis, and no warranties, express or implied, are made by Infront Sports & Media AG, its distribution partners and or Content providers and/or their partners, agents distributors and promoters regarding skiandsnowboard.live, service, content or your use or viewing of thereof, including without limitation, warranties as to the availability, accuracy, video or audio quality and warranties of merchantability, fitness for a particular purpose, and non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. LIMITATION OF LIABILITY Neither Infront Sports & Media AG nor its distribution partners or Content providers or their partners, agents, distributors or promoters shall be liable for any indirect, special, incidental, consequential or punitive damages (including damages for loss of business, loss of profits or the like) whether based on breach of contract, breach of warranties, tort (including the active or passive negligence of the aforementioned entities), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between Infront Sports & Media AG and you and Content would not be provided without such limitation. No advice or information, whether oral or written, obtained by you through skiandsnowboard.live or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Neither Infront Sports & Media AG nor its distribution partners or Content providers or their partners, agents, distributors or promoters shall be liable for any failure to perform any if its obligations herein due, directly or indirectly, to the failure of any machine, system of authorization, data processing or communication system or transmission link or any other event beyond the control of Infront Sports & Media AG nor its distribution partners, agents, distributors or promoters shall be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing skiandsnowboard.live Content. CHANGES TO THE TERMS OF SERVICE Infront Sports & Media AG reserves the right to modify these Terms of Service at its sole discretion and without advance notice to you. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Service as modified. Any modifications to the Terms of Service shall become effective immediately upon their posting on skiandsnowboard.live. GOVERNING LAW This agreement will be governed by the laws of Switzerland. You agree that any dispute arising out of this agreement or your use of skiandsnowboard.live will be heard only in the courts located in Switzerland, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that any actual or threatened breach of this agreement by you could result in irreparable harm to Infront Sports & Media AG and, accordingly, that Infront Sports & Media AG shall be entitled to immediate injunctive relief, including a temporary restraining order and/or preliminary injunction without the necessity of a bond or other undertaking, to restrain such breach or threatened breach. GENERAL We do not guarantee continuous, uninterrupted or secure access to the skiandsnowboard.live service, and operation of skiandsnowboard.live may be interfered with by numerous factors outside our control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that Infront Sports & Media AG have the right to assign this agreement and all incorporated agreements in their sole discretion. Headings in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Infront Sports & Media AG’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches.
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