Terms of Service
Scope of Terms
Welcome to Double-Cola Company myskisoda.com website (the “Website”), and the services of Double-Cola Co.™ available at the Website. The Website and services and products offered are intended for access to the MySkiSoda.com domain including, but not limited to, articles, reference and communication tools, message boards and search services (the “Service”). The Service is owned and operated by Double-Cola Co. When we refer to “us,” “our,” “we” and words of similar import, we mean Double-Cola Co. Reference to “Website” means our internet website, www.MySkiSoda.com.com. Reference to “MySkiSoda.com” means the Website and the Service, or either of them as the context implies.
Access to non-public areas of the Service are provided in accordance with the following terms (“Terms”). By using MySkiSoda.com, you electronically agree to be legally bound by the Terms, which govern your use of MySkiSoda.com. If you do not agree to all of these Terms, please immediately discontinue any further use of MySkiSoda.com. Your failure to follow the Terms may result in suspension or termination of your access to MySkiSoda.com.
We may change these Terms at any time. The most current version will be available by clicking on a link at the bottom of the first page on our Website. Continued access to MySkiSoda.com by you will constitute your acceptance of any changes or revisions to the Terms.
Passwords
Your right to use MySkiSoda.com is personal to you. You may not sub-license, transfer, sell or assign your right to access or use MySkiSoda.com to any third party without our prior written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Terms.
General Usage Rules
You agree not to disrupt, modify or interfere with MySkiSoda.com, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with MySkiSoda.com.
Other than connecting to service provider's servers by http requests using a web browser, you may not attempt to gain access to our service provider's servers by any means.
Intellectual Property
You acknowledge and agree that MySkiSoda.com and the information, content and software presented to you through or by MySkiSoda.com or used in connection with MySkiSoda.com contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of MySkiSoda.com or any information presented to you through MySkiSoda.com, in whole or in part.
You may look at MySkiSoda.com online, download individual articles to your personal or handheld computer for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access MySkiSoda.com by any means other than through the interface that is provided by us for use in accessing MySkiSoda.com.
License
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use MySkiSoda.com subject to the Terms. You may not use MySkiSoda.com in a manner that exceeds the rights granted for your use of MySkiSoda.com, which includes unauthorized copying or distribution of any of the content displayed or used in MySkiSoda.com or creating an unauthorized derivative work.
Information Provided by You
If you upload materials, content or information (collectively, “Information”) to areas of MySkiSoda.com that are available to other users, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display the Information. Please refer to our Privacy Policy for an explanation of how we use your information and your rights to change or delete it. A link to our Privacy Policy is provided at the bottom of the Home Page.
Restrictions Applicable to Use
In connection with your use of MySkiSoda.com, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; advertisements or other commercial messages; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with MySkiSoda.com or the servers or other technology hardware used by MySkiSoda.com; (c) inhibit others from using MySkiSoda.com, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.
Disclaimers of Warranties
WE PROVIDE MYSKISODA.COM “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT MYSKISODA.COM. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT MYSKISODA.COM IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MYSKISODA.COM, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING MYSKISODA.COM, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MYSKISODA.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE MYSKISODA.COM AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from MySkiSoda.com infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from MySkiSoda.com by contacting us into MySkiSoda.com.
Termination and Modification
You agree that we may without prior notice, discontinue, temporarily or permanently, MySkiSoda.com (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to MySkiSoda.com with or without notice. Cause for termination shall include, but not be limited to, (a) violations of these Terms or your Subscription Agreement, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to MySkiSoda.com, or (e) unexpected technical or security issues or problems.
Entire Agreement
The Terms and any Subscriber Agreement, and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Place for Resolving Disputes
The law of the State of Tennessee governs this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a state court located in Hamilton County, Tennessee. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE COURTS IN HAMILTON COUNTY, TENNESSEE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN HAMILTON COUNTY, TENNESSEE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
Assignments
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Execution of Agreement
Your continued use of MySkiSoda.com constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Users warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by pall necessary and appropriate corporate or other action to execute this contract on behalf of the user.