Terms of Service

(Last updated March 30, 2011)

All sections of these Terms of Service that by their nature, should survive termination, will survive termination, including, without limitation, the sections entitled General, User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability.

Highlights of this Document

  • We respect your privacy and don't sell or disclose your contact information, unless required by law (see our Privacy Policy).
  • AlpinneReplay owns the entire Content of this site. Information and Content that you upload or post on this site may be seen by others.
  • AlpineReplay is a place to share your passion about winter sports with others. We love your feedback, but any information and posts you provide to this site you don't own and we can use it.
  • Winter Sports are inherently dangerous and your participation in them is at your own risk. AlpineReplay is not liable with for your activities related to this site. No warranty implicit or explicit is made by AlpineReplay.
  • If you need help, or have questions, please email to support@alpinereplay.com.
  • Introduction

    This site, with its information and services (the "Site"), is provided to you by AlpineReplay, Inc, (AlpineReplay, or "us", or "we"), and is subject to these terms and conditions, including those set forth in AlpineReplay Privacy Policy.

    By accessing and using the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and our Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you are not authorized to use the Site. We may modify these Terms of Use and Privacy Policy at any time and such modification will be effective upon its posting to the Site.

    By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.

    BY CONTINUING TO USE THIS SITE, YOU ARE INDICATING THAT YOU AGREE WITH THESE TERMS AND ALL REVISIONS THEREOF.

    Use of the Site

    This Site contains material, such as software, text, graphics, images, video, audio, data and other material (collectively referred to as the "Content"). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, or our partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights to the Content, and you may not use the Content, except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or from the owner of the Content. You must retain all copyright and all other proprietary notices, contained in the original Content, on in any copy of the Content you may make. You may not sell, transfer, assign, license, sublicense, or modify the Content, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Site that which, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you may have made of the Content.

    Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any other manner which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

    The Site contains links to, and content and data from, third-party websites ("External Sites"). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on of such External Sites. The content of such External Sites is developed and provided by others. In addition, the Site contains content posted, stored, or displayed by the users of the Site, for which we cannot accept any responsibility or liability.

    The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which, in our sole judgment, degrades the reliability, speed, or operation of the Site, or any underlying hardware or software thereof, (iii) use of web scraping, web harvesting, or web data extraction methods from the accounts even if an account owner gives permission to do so. and (iv) any use of the site, which is unlawful or in violation of these Terms of Use.

    By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.

    Membership in the Site is subject, in our sole discretion, to termination at any time.

    Performance Data

    The Site is used to record, process, analyze, and display user Performance Data ("Performance Data"). Performance Data may include, but are not limited to data collected by GPS sensors, inertial sensors, magnetic sensors, temperature sensors, pressure sensors, time counters, and other physical parameters that characterize user performance. These data can be collected by multitude of devices and uploaded to the Site wirelessly or otherwise. By using this Site users agree that all Performance Data uploaded on this site becomes property of AlpineReplay and may be used by AlpineReplay without attribution to the user only subject to the Privacy Policy.

    User Content

    The Site may permit, now or in the future, the submission of Content at the discretion of users of the Site ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any such submissions.

    AlpineReplay does not claim ownership of Content you may submit (to us) or make available for inclusion on the Site. However, with respect to this Content you submit or make available for inclusion on the Site (other than User Data or Payment Method information), you grant us a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display, and otherwise exploit such Content on the Site for the purposes of providing and promoting the Site, and the features and services, available on the Site.

    You shall be solely responsible for User Content you submit, and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner, contemplated by the Site and these Terms of Use; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner, contemplated by the Site and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our operation of the Site and our (and our successors') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

    In connection with User Content, you further agree that you will not: (i) 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 us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if (when?) properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Site, if you are determined to be a repeat infringer. A repeat infringer is anyone, who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

    Indemnity

    You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Site. Disclaimer of Warranty and Liability

    WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

    NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SITE OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

    WE MAKE NO WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

    THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

    IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    BY USING THIS SITE YOU EXPRESSLY AGREE THAT YOUR SPORT ACTIVITIES, WHICH GENERATE AT LEAST SOME OF THE CONTENT YOU POST OR SEEK TO POST ON THE SITE, CARRY CERTAIN INHERENT RISKS OF BODILY INJURY OR EVEN DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF ALPINEREPLAY. YOU AGREE TO RELEASE ALPINEREPLAY FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR SPORT ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL ALPINEREPLAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF THE SITE.

    Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    General

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

    You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Site. The Terms constitute the entire agreement between you and us with respect to your use of the Site. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

    Applicable Laws

    AlpineReplay makes no representation that the Content in the Site or the Site are appropriate or available for use in locations outside of the United States and access to them from territories where their content or use is illegal is prohibited. Those, who choose to access this Site from locations outside of the United States, do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the Site, the Content or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Orange County, California for any legal proceedings related to the Site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Support and Questions

    We will provide support to you related to the Site via the following methods:

    What information do we collect?

    We collect information from you, when you register on our site or when you upload your ski log data.

    When ordering or registering on our site, you may be asked to enter: your name, e-mail address, and some other personal information.

    What do we use your information for?

    Information we collect from you may be used in one of the following ways:
  • To personalize your experience
  • To improve our website
  • To improve our customer service
  • To process transactions
  • Your information, whether public or private, will not be sold, exchanged, transferred, or given without your consent to any other company for any reason whatsoever, other than with the express purpose of delivering the purchased product or service requested.
  • To administer contests, promotions, survey or any other feature of the site
  • To send periodic emails The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.


  • How do we protect your information?

    We implemented a variety of security measures to maintain the safety of your personal information.

    Do we use cookies?

    Yes (Cookies are small files that a site or its service provider transfers to your computers’ hard drive using your Web browser, if you allowed it), and this enables the websites or service providers systems to recognize your browser, and capture and remember certain information

    Cookies we use help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction, so that we can improve your site experiences and tools we provide in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected by us except to help us conduct and improve our business.

    Do we disclose any information to outside parties?

    We do not sell, trade, or otherwise disclose your personally identifiable information to outside parties. This does not include trusted third parties, which assist us in operating our website, conducting our business, or servicing you, as long as these parties agree to keep this information confidential. We may also release your information when we believe release is required to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. However, personally non-identifiable may be better visitor information may be provided to other parties for marketing, advertising, or other uses.

    Third party links

    We may include or offer third party products or services on our website. These third parties may have their own separate and independent privacy policies. We, therefore, assume no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these other sites.

    California Online Privacy Protection Act Compliance

    We value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent.

    In compliance with the California Online Privacy Protection Act, all users of our site may make changes to their personal information at anytime by logging into their account and Edit their profile.

    Children's Online Privacy Protection Act Compliance

    We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are intended for people who are at least 13 years old.

    Terms and Conditions

    Please visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability, governing the use of our website at http://www.alpinereplay.com

    Your Consent

    By using our site, you consent to our Privacy Policy.

    Changes to our Privacy Policy

    We will post any changes to this privacy policy on this page.

    Contacting Us

    If there are any questions regarding this privacy policy you may contact us by sending an email to support@alpinereplay.com