LiftTickets.com General Terms of Service

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE!

Welcome to LiftTickets.com© website!  This website is operated and presented by LiftTickets.com, Inc. (“LiftTickets.com”).

The LiftTickets.com© web site (this “Site”), and any products, services or activities offered to you on, from or through this Site (collectively, the “Services”), are presented for your use subject to your acceptance, without modification, of the terms and conditions set forth in this user agreement (this “User Agreement”).  Your use of this Site and the Services is expressly conditioned on your acceptance of the terms and conditions of this User Agreement.  By using this Site and the Services, you agree to be bound by this User Agreement.  If you do not accept all of the terms and conditions set out below, DO NOT USE THIS SITE.    

LiftTickets.com© may at any time modify the terms and conditions of this User Agreement, and your continued use of this Site and the Services will be conditioned upon the User Agreement in force at the time of your use.

We worked hard for this, this stuff is ours

This stuff is ours and we’re proud of it!  This Site and all of the text, php code, images, software, trademarks, logos, or other material contained on this Site (collectively, the “Content”) are intellectual property and copyrighted works of LiftTickets.com© Inc., our third party ski resort partners (our “Resort Partners”), and our respective third party suppliers and content providers (“Providers”).  The names "LiftTickets" and "LiftTickets.com", and any and all other trademarks, logos and service marks appearing on this Site (collectively the “Trademarks”) are trademarks of LiftTickets.com©, our Resort Partners and Providers.  You may not use, copy, replicate, republish, upload, post, broadcast, give out or modify the Trademarks in any way, including in advertising or publicity pertaining to the circulation of materials on this Site, without LiftTickets.com’s prior written consent, except that you may download, display and print the materials presented on this Site for your personal, non-commercial use only.  Your use of and access to this Site do not grant you any license or right to use any of the Trademarks included on this Site.  You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.  The use of the Trademarks on any other web site or network computer environment is prohibited.  Copying or storage of the Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. 

Use of the LiftTickets.com© website

This Site is intended for personal, non-commercial use in accordance with the terms and conditions of this User Agreement.  LiftTickets.com© grants you a limited, non-transferable license to use this Site to make legitimate purchases of the Services offered through this Site.   You will not use this Site to make any speculative, false or fraudulent purchases of Services or purchases of Services in anticipation of demand.  It is a violation of law to purchase Services in a false name or with a false, fraudulent or otherwise invalid credit card.  You may only purchase Services if you are of sufficient legal age and can enter into binding contracts – sorry only big kids allowed!

You agree not to use this Site for any purpose that is unlawful, illegal or forbidden by this User Agreement.  In addition, without prior written permission from LiftTickets.com©, you may not:

1.      access this Site or the Services with any robot, spider, manual or automated process for any purpose other than in accordance with the terms and conditions of this User Agreement;

2.      imply that LiftTickets.com© is endorsing any of the Services found or offered on this Site, unless such Service is offered directly by LiftTickets.com© and not by its Resort Partners;

3.      place false or misleading information on this Site or any of its components;

4.      upload or transmit to this Site any software that contains viruses, bug, Trojan horses, time bombs, worms, or other computer programming functions that may injure, interfere or attempt to interfere with or intercept, the normal operation of this Site or the Services, or take any action that imposes an unreasonable load on our computer equipment or networks, or that infringes upon our rights, those of our Resort Partners or Providers, or the rights of any other third party;

5.      cover up the origin of the Content or any other information accessed through this Site;

6.      make any resale or commercial use of this Site, the Content or the Services or any derivative use of this Site, the Content or the Services; or

7.      post or transmit (i) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (ii) any information or material that (A) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (B) infringes the rights of others or violates their privacy or publicity rights, or (C) is used to unlawfully collude against another person in restraint of trade or competition.

In its exclusive discretion, in addition to any other rights or remedies available to LiftTickets.com© and without liability whatsoever, LiftTickets.com© at any time and without notice may terminate, suspend, or restrict your access to this Site or the Services or any of their components.  In particular, and without limitation, your use of this Site or the Services in violation of any of the terms and conditions of this User Agreement may result in the termination of your LiftTickets.com© account and/or access to this Site and the Services or any of their components, as well as the taking of legal action against you.

Your personal stuff

If you want to join us and become a member of our fabulous network of avid skiers and snowboarders, you will need to create a LiftTickets.com© account.  You are responsible for maintaining the secrecy of your passwords, login and account information (for simplicity, we’ll call all this information “Your Personal Stuff”) and to prevent its unauthorized use.  You will be held accountable for all use of Your Personal Stuff.  If someone uses your login and password information (with or without your knowledge) or other parts of Your Personal Stuff, we will not be held responsible.  Please make sure that all of Your Personal Stuff is correct and up-to-date.  If for any reason any of Your Personal Stuff changes you agree to update it without delay.  If for any reason you think the security of Your Personal Stuff, including  access to your account, is no longer safe or secure or that there has been an unauthorized use of your account, please change the unsecured information and notify us immediately via email at http://www.lifttickets.com/about.php .You acknowledge and agree that you will be responsible for all fees, charges, duties, taxes, and other amounts that may be imposed with respect to the use of this Site and the purchase of the Services, if any, by you or by any other person using your account.

Our privacy policy

Your use of this Site and the Services, and any information that you provide to us in the process of purchasing Services is subject to our privacy policy which is available by link at the bottom of our website and is incorporated by reference into this User Agreement.  By using this Site and the Services you agree that the terms of such policy are reasonable and consent to the use of Your Personal Stuff as outlined in our privacy policy.   Please be aware that your web browser provides us with a unique Internet address that can be used by law enforcement officials to detect you.  Fraudulent users will be prosecuted to the fullest extent of applicable law.   

Ideas/comments shared with us, user submissions and what happens to that information

We want your feedback and appreciate your ideas and suggestions, but we may not be able to answer every comment individually.  Please do not disclose trade secrets or other confidential information in your messages and/or communications with us.  We will bear no responsibility for reviewing any unsolicited ideas for our business that are sent to us.  

As a LiftTickets.com© account holder you may submit content to this Site, including user comments, ideas, images, concepts, feedback, suggestions, or other data and information (collectively, “User Content”). You understand that LiftTickets.com© does not guarantee any confidentiality with respect to any User Content you submit other than in accordance with our privacy policy.

You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on this Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to LiftTickets.com© all intellectual property rights in and to such User Content for publication on this Site pursuant to this User Agreement.

For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to LiftTickets.com©, you hereby grant LiftTickets.com© a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, publish, transmit, transfer, modify, adapt, license, sell, prepare derivative works of, decompile, disassemble, and reverse engineer, display, and perform the User Content, or any part of that User Content, in connection with this Site and the Services and LiftTickets.com's © and our Resort Partners (and our and their successors' and affiliates') businesses, including without limitation for promoting and redistributing part or all of this Site and the Services (and derivative works thereof) in any medium, using any technology and through any media channels. You also hereby grant each user of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, publish, transmit, transfer, modify, adapt, display and perform such User Content as permitted through the functionality of this Site and under this User Agreement.    You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this User Agreement.

You further agree that User Content you submit to this Site will not contain third party copyrighted or trademarked material, or material that is subject to other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant LiftTickets.com© all of the license rights granted herein.

You further agree that you will not submit to this Site any User Content or other material that is contrary to this User Agreement, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.  We just happened to set up shop in the United States, but if you are lucky enough to be using this Site or purchasing Services from Hong, Kong, Paris, Mumbai, Barcelona, any other remarkable destination, or from somewhere else, keep in mind that you need to comply with U.S laws as well as any local laws that might apply to you.

LiftTickets.com© has the right, but not the obligation, to monitor from time to time the User Content and any other information transmitted or received through this Site.  LiftTickets.com© does not endorse any User Content submitted to this Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and LiftTickets.com© expressly disclaims any and all liability in connection with User Content.  LiftTickets.com© reserves the right to remove User Content at any time without notice in its sole discretion.  LiftTickets.com© does not permit copyright infringing activities and infringement of intellectual property rights on this Site, and LiftTickets.com© will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights.  See the Section called “Digital Millennium Copyright Act” below.

Links to other sites

Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by persons other than LiftTickets.com© (“Third-Party Sites”).  The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between us and the owners or operators of any Third Party Site, or any sponsorship by us of any Third Party Site or its owners or operators.  You acknowledge that this User Agreement contains no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on that site.

Your use of any Third Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those terms and conditions.

Warranty disclaimer

uNLESS ONE OF OUR RESORT PARTNERS OTHERWISE AGREES, LiftTickets.com©, ON ITS OWN BEHALF AND ON BEHALF OF ITS RESORT PARTNERS and PROVIDERS, makes no warranty of any kind regarding this Site, the Content or the Services, all of which are provided on an "as is" basis.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Lifttickets.com© and our resort partners and providers expressly disclaim any representation or warranty OF ANY KIND REGARDING this site, the content, the SERVICES, ANY OTHER SITE TO WHICH we PROVIDE CLICK-THRU ACCESS (INCLUDING THIRD PARTY SITES, OR THEIR RESPECTIVE CONTENTS) including ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING this site, the content, THE SERVICES, ANY SITE TO WHICH THE SERVICES PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS.  

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH, Lifttickets.com© and our resort Partners and Providers hereby expressly disclaim any representation or warranty that: (a) this Site or the Content will be free from errors, viruses or other harmful components; (b) communications to or from this Site will be secure and not intercepted; (c) access to the site or use of the Services and other capabilities offered from this Site will be available or uninterrupted; or (d) that Content will be accurate, complete or timely.  The fact that LiftTickets.com© lists for offer through this Site any Service by a Resort Partner is not an endorsement of the particular Service. You clearly agree that the use of this Site, the Content and the Services is at your sole risk.

Limitation of liability

To the fullest extent permitted by applicable law, Lifttickets.com©, our resort partners and providers, and EACH OF OUR and their RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, agents AND AFFILIATES (collectively, the “indemnified parties”) will not be liable UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, Death, LOSS, DAMAGE OR CLAIM, including without limitation reasonable legal and accounting fees (EACH A “cLAIM”), OF ANY KIND, INCLUDING ANY INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (including without limitation lost profits or lost savings), ARISING OUT OF IN ANY WAY CONNECTED WITH: (A) THE USE OF this sITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS; (B) Any damages to, or viruses that may damage, your computer or other property as the result of your USE OF this Site OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS OR FROM downloading of any content from this Site or ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS; (C) The performance or non-performance by any of the indemnified parties; (d) Any failure or delay (including without limitation the use of or inability to use any component of this Site for PURCHASING SERVICES), EVEN IF the indemnified parties have BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.  

our resort partners and providers PROVIDING SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF Lifttickets.com©.  Lifttickets.com© IS NOT LIABLE FOR THE UNINTENTIONAL OR INTENTIONAL ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH resort partners or providers OR their respective AGENTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

Lifttickets.com© SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. 

Several states do not permit the exclusion or limitation of liability, so the limitations stated above may not apply to you.  

If, notwithstanding the foregoing, ANY OF THE indemnified PARTIES should be found liable for any CLAIM which arises out of or is in any way connected with any of the functions or uses of this Site or the Content, as described herein, the liability of SUCH PARTY will in no event exceed, in the aggregate, the fee or charge to you assessed by LiftTickets.com© for purchasing one or more of the services through this site.

Injunctive relief

You acknowledge that a violation or attempted violation of any of this User Agreement will cause irreparable damage to LiftTickets.com©, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that LiftTickets.com© will be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of the terms and conditions of this User Agreement by you, or your affiliates, partners, or agents, without having to post a bond or other security.

Indemnification

You will defend and indemnify the Indemnified Parties from and against any Claim brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site or the Services.

Additional terms and conditions

Additional terms and conditions of LiftTickets.com©, our Resort Partners and/or Providers may apply to reservations or purchases of the Services and other uses of portions of this Site, the Content and the Services. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in (a) the cancellation of your purchase of Services (b) your being denied access to this Site or the applicable Content or Services, and (c) your forfeiting any amounts paid for such purchases. LiftTickets.com© may debit your credit card account or charge you for any costs we incur as a result of such violation.  You acknowledge that our Partner Resorts offering certain Services may require you to sign their liability waiver prior to participating in the Services they offer.

Sure we’re fellow skiers and snowboarders, but that doesn’t mean you work for us.

The relationship between LiftTickets.com© and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

We Love New York!

This User Agreement will be construed and enforced in accordance with the laws of the State of New York without regard to its conflicts of laws principles.  Your hereby irrevocably (i) submit to the exclusive jurisdiction of any state of federal court sitting in the State of New York for the purposes of any suit or action arising out of or relating to this Agreement brought by LiftTickets.com© or you, and (ii) waive, and agree not to assert by way of motion, defense, or otherwise, in any such action, any claim that you are not subject personally to the jurisdiction of the above named courts, that your property is exempt or immune from attachment or execution, that the action is brought in an inconvenient forum, that the venue of the action is improper, or that this User Agreement may not be enforced in or by any of the above named courts.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe in good faith that any of the Content infringes upon your copyrights, you may submit a notification in writing pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information (see 17 U.S.C 512(c)(3) for further detail):

(a)        a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)        identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c)        identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d)        information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(e)        a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f)        a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter-notices with respect to this Site should be sent to LiftTickets.com, Inc.,  515 North State Road, Briarcliff Manor, NY 10510.   You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Other stuff our lawyers want us to tell you

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The terms and conditions of this User Agreement shall be deemed severable.  In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.  The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions hereof.  This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.  YOU AND LiftTickets.com© AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

A final thought

Here’s wishing you a great time on the sticks and boards and that you discover waist-deep powder on the trails!

The LiftTickets.com© Team

This User Agreement was last updated on 09/22/2010.