Terms of Use

The following terms (“Terms of Use”) constitute an agreement between Snowshoe Magazine, LLC, and you (“User,” “You”) that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website located at https://www.snowshoemag.com (“Website”).

Your use of the Website constitutes your acceptance and agreement to the following Terms of Use. Snowshoe Magazine reserves the right to modify, alter, amend, or update its Website policies and Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

For information about our privacy policy, visit https://www.snowshoemag.com/privacy-policy/.

General Information

This Website and the content provided by it are offered for your convenience only, and no content of this website outside of this Terms of Use and separate Privacy Policy constitutes a legally enforceable contract.

Website & Warranty Disclaimer

The Website may discuss topics related to the outdoors and the outdoor lifestyle, including but not limited to trails, lodging, gear, and activities. The information on this Website is provided “as is” and without any representations or warranties, expressed or implied. Your experience with the content of Snowshoe Magazine mentioned may differ from that depicted on the Website.

Snowshoe Magazine makes no warranty the Website will meet your requirements, will be available uninterrupted, will be timely and free of viruses or bugs, or represents the full functionality, accuracy, and reliability of the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

All information on the Website is for informational purposes only. Snowshoe Magazine has made every effort to ensure that all information on this Website has been tested for accuracy. Snowshoe Magazine reserves the right to update, edit, change, delete, discontinue or otherwise alter any or all of the content of the Website as it sees fit, without notice or regard to the effect on any other party. However, Snowshoe Magazine does not have any duty whatsoever to update, maintain or change the content of the Website for any reason. Snowshoe Magazine makes no guarantees regarding results from using the information provided on the Website.

Your Responsibility

You understand and agree that you are fully responsible for your use of the information provided on the Website. Snowshoe Magazine makes no representations, warranties, or guarantees. You, the User, understand that results may vary from person to person. Snowshoe Magazine assumes no responsibility for errors, delays, omissions, outdated information, or unreliable information that may appear on the Website.

All parties agree that liability for damages, direct or consequential, that may be related to the use of this website shall remain the responsibility of the User and not of Snowshoe Magazine, its employees, officers, chairpersons, advisors, agents, associates, partners, or affiliates.

Laws, Regulations, and Rules

Snowshoe Magazine makes every reasonable effort to comply with the laws, regulations, and rules applicable within the United States and does not warrant or infer any compliance with other countries’ provisions. Compliance with the provisions of countries outside of the United States is the responsibility of an individual User. All parties are subject to their local laws pertaining to Internet communications and agree to comply with those rules. Each party bears its respective burden of responsibility for compliance, particularly for the rules pertaining to the export of information.

Use of the Website

Unless otherwise stated, all of the intellectual property and rights to all content and material on the Website are property of Snowshoe Magazine, LLC. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental, or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website and attribution are included.

All parties agree that mere objection by Snowshoe Magazine shall suffice for finding a violation of the uses above. All parties understand and acknowledge that this website may appear differently from the way it was intended depending on the browser used to view it.

At times, the Website will use various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Snowshoe Magazine LLC’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Snowshoe Magazine.

No Unauthorized Access or Use

Any User has permission to review the content of this website, using an ordinary browser or similar means, in the manner such review is ordinarily made and plainly intended by Snowshoe Magazine. No person or entity may make unauthorized use of this website or access it in any manner that Snowshoe Magazine deems contrary to this Terms of Use agreement.

The User must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. In particular, the use of this website to do the following is recognized as a serious violation of this Terms to Use:

  • To disrupt, control, alter, overload, rewrite, interrupt, deconstruct or reverse engineer this website or Snowshoe Magazine equipment;
  • To represent, misrepresent, imitate, or impersonate Snowshoe Magazine;
  • To frustrate or obstruct Snowshoe Magazine’s goals and communications in any manner
  • To use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or harmful code or malicious software

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Snowshoe Magazine’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications. Also, you must not use the Website for any third-party marketing without Snowshoe Magazine’s express written permission.

Any entities or individuals, directly or indirectly, intentionally or unintentionally, responsible for the actions or results above, without regard to the degree of involvement of participation, agree to be and shall be held jointly and severally liable for any and all damages or injuries that Snowshoe Magazine deems to have resulted from such an act or consequence. Users who make unauthorized access to this website will provide remedies to Snowshoe Magazine for such unauthorized access as Snowshoe Magazine requires without regard to legal or equitable defenses or claims against third parties.

Copyright

The fullest copyright protection under U.S., foreign and international law is claimed by Snowshoe Magazine for all intellectual property, design, content, and components on this website. All copyrightable subject matter appearing on this website is protected by copyright owned by Snowshoe Magazine unless otherwise indicated. All parties agree to respect Snowshoe Magazine’s claim to such copyright protection.

This material may be used for personal, non-commercial use only, and all copyright notices must be preserved on any copy of this website or any portion of it. No party may construe the presentation of material on this website as a license of any kind unless otherwise specified.

Snowshoe Magazine hereby claims and is entitled to the fullest extent of protection possible under the laws of any sovereign. Such protection includes, but is not limited to: Trade secret law; duties of confidentiality and loyalty; limits imposed by contract; and the law of trademarks, service marks, copyrights, patents, and torts. By the Terms of Use, Snowshoe Magazine will be regarded as enjoying such protection without regard to legal and equitable arguments that such protections should not apply.

Takedown Requests

At times, the Website will publish posts with images and material from other third-party websites. Any such use has been permitted by the owner or is considered fair use under copyright laws and is fully attributed to the owner.

However, as provided by the Digital Millennium Copyright Act, Title 17 U.S.C. Section 512(c)(2), Snowshoe Magazine expressly provides ready means for advising or alerting Snowshoe Magazine of actual or possible copyright infringement occurring on or through this website. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please alert the publisher of Snowshoe Magazine at susan@snowshoemag.com.

Notice to the publisher must include: Your name; description of the original work, description of the infringing work; location (URL) of the infringing work; your address, telephone number, and email; a statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement: that the information provided is accurate and true; that you are the owner or authorized agent of the original work; a signature, actual or electronic, of the owner or authorized agent.

Trademarks

Snowshoe Magazine has registered for and owns the following marks, among others: “Snowshoe Magazine,” “Snowshoemag,” “Snowshoemag.com,” “Snowshoemag.net,” and “Alford Publishing,” with the United States for use as service and/or trademarks.

The foregoing and other marks are the property of Snowshoe Magazine. These marks may be used only by Snowshoe Magazine or by such parties that Snowshoe Magazine may license or expressly authorize. No entity, individual, or User is authorized to use any Snowshoe Magazine trademarks without the express written content of Snowshoe Magazine.

All names, logos, service marks, and trademarks appearing on this website are the property of Snowshoe Magazine unless otherwise specified.

Snowshoe Magazine trademarks and trade dress may not be used with any product or service that is not Snowshoe Magazine’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Snowshoe Magazine.

At times, the Website will legally utilize trademarks owned by third parties related to Snowshoe Magazine’s services. These trademarks are the respective property of their owners.

Statement of Rights

All rights with regard to this website are reserved by Snowshoe Magazine. No right or authorization not expressly made or granted by this Terms of Use should be considered as conferred by assumption, estoppel, or inference.

Content Contributed to the Website

Snowshoe Magazine encourages the submission of ideas, suggestions, and contributions from its Users. All submissions are bound by the terms of this agreement unless otherwise specified by Snowshoe Magazine in a written document.

Any content you contribute to the Website, including but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against the User, Snowshoe Magazine, or a third party.

Snowshoe Magazine reserves the right to edit or remove 1) any material submitted to the Website, 2) any material stored on Snowshoe Magazine’s servers, or 3) any material hosted or published on the Website. Snowshoe Magazine takes no responsibility and assumes no liability for any content posted by the User or any third party.

All Users warrant that they have a free and clear title to the content of their submission. Users acknowledge that they are liable to indemnify Snowshoe Magazine for any and all claims against Snowshoe Magazine that Snowshoe Magazine deems to have arisen out of the submission. All Users guarantee that submissions are free of any and all computer viruses, violations of law, and unauthorized content. Users promise to provide any remedy that Snowshoe Magazine deems necessary for injuries that Snowshoe Magazine finds arose from any submission to Snowshoe Magazine.

Users retain all proprietary interest in submitted materials. Snowshoe Magazine may claim ownership of the submission and is otherwise granted an unrestricted license to the submission (if agreed to by the User or other arrangements have been made). No User may claim to have been injured by Snowshoe Magazine’s use or handling of a submission, and no liability may attach to Snowshoe Magazine from such use. Users warrant that they have an unencumbered right to make the submission and that they will indemnify Snowshoe Magazine for any liability or assertion of liability that may attach to Snowshoe Magazine as a result of the submission.

Users grant Snowshoe Magazine the right to use their name and likeness in association with the use or disposition of submitted materials and agree that there may be no claim for infringement or misappropriation of any kind.

Notwithstanding Snowshoe Magazine’s rights under the Terms of Use, Snowshoe Magazine does not undertake to monitor the submission of all content to or the publication of such content on the Website.

Communication

If you send an email to Snowshoe Magazine, register to use the Website, or provide your email to Snowshoe Magazine in any other way, you consent to receive communications from Snowshoe Magazine electronically. You, the User, agree that all legal notices provided via electronic means from Snowshoe Magazine satisfy any requirement for written notice.

Third Parties

The Website contains links to third-party websites that are not governed or controlled by Snowshoe Magazine. The User represents and warrants you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to the use of the Website. Snowshoe Magazine assumes no control or liability related to the User’s use of a third-party website or the content that such websites contain.

No affiliation, endorsement, or sponsorship of any linked website is intended or will be inferred from the provision of any hyperlink from this website unless otherwise stated.

Snowshoe Magazine maintains its own legal, privacy, and terms of use policies for the Website that cover your use of the Website only and do not apply to your use of linked websites. It is recommended that you visit the linked website’s terms or policy pages to understand how the use of those websites will affect you. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Snowshoe Magazine harmless from any and all liability in any dispute.

Incoming Links and Referrals

No hyperlink to this website may be presented in a way that suggests that Snowshoe Magazine is affiliated with or related to your website or in any way sponsors, adopts, recommends, or endorses your organization, website, or the content therein. This provision does not apply if you have an express, written agreement with Snowshoe Magazine that specifies otherwise.

Limitation of Liability

Snowshoe Magazine will not be liable for any consequential, incidental, indirect, exemplary, punitive, or special damages of any kind, however caused, including the loss of profits, revenue, data, or use, incurred by the User, whether under a theory of contract, tort (including negligence), warranty or otherwise, even if the other party has been advised of the possibility of such damages.

Indemnity

You agree to defend, indemnify, and hold Snowshoe Magazine, its members, employees, officers, directors, managers, and agents harmless from and against all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Snowshoe Magazine suffers as a result of third-party claims based on 1) negligence or intentional misconduct, 2) your break of any provision of the Terms of Use (including representation or warranty), 3) materials prepared or provided by you including but not limited to any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or property right, infringement of the rights of privacy or publicity or defamation or libel, or 4) death, personal injury, or property damage arising out of or relating to your obligations hereunder.

Arbitration

The Terms of Use will be governed and construed in accordance with the laws of the State of Colorado. Any controversy or claim arising of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Larimer County, Colorado. The parties also agree the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

Violations

Violations of the terms of this Terms of Use may result in the refusal of your continued access to the Website without notice and may also result in Snowshoe Magazine or another concerned party prosecuting civil or criminal remedies against the User. All parties agree that Snowshoe Magazine will not be held liable for any claims from or against any party arising from that party’s use of or access to this Website or any violations of these terms. Such parties will indemnify and hold harmless Snowshoe Magazine for any claims arising from any such use or access.

To report violations of this Agreement, e-mail susan@snowshoemag.com.

Miscellaneous Provisions

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited and reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by the User without Snowshoe Magazine’s prior written consent. However, the Terms of Use may be assigned by Snowshoe Magazine at its sole discretion.

The Terms of Use are the final, complete, and exclusive agreements of the parties with respect to the Website offered by Snowshoe Magainze.

All notices with respect to the Terms of Use must be made in writing and can be via email to susan@snowshoemag.com for Snowshoe Magazine and to the User’s email address.

Privacy Policy

View Snowshoe Magazine’s Privacy Policy at: https://www.snowshoemag.com/privacy-policy

Last updated: August 15, 2022