1. Technical Specifications
Limit one Photograph or Video submission per person. Select images will be chosen for publication online. You must be 18 years of age or older to submit a Photograph or Video. If you are younger than 18 years and wish to submit a Photograph or Video, you may have your parent or legal guardian submit the Photograph or Video on your behalf; in that case, in the photo description the parent or guardian should note the Photograph or Photographer's name, age and relationship to the submitter. Photo Submissions must be in JPEG (.jpg or .jpeg) digital format, at least 800 pixels wide if a horizontal image or 800 pixels tall if a vertical image, and no greater than 1 megabytes in file size. Videos must be submitted as MP4 files. Please provide only the original, unmodified camera image. Mountain Flyer will consider no Photograph or Videos that it identifies as obscene, provocative, or otherwise containing objectionable content; nor will we consider submissions from employees of Mountain Flyer or its subsidiaries, or family members of same.
2. Rights Granted
Acceptance of Terms
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
In order to utilize certain functionality of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Mountain Flyer of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Mountain Flyer from any loss or damage arising from unauthorized use of your password or user name.
By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Mountain Flyer and processing of such data by Mountain Flyer in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Issues
The Site is owned by Mountain Flyer. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Mountain Flyer.
Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.
Pursuant to the copyright and trademark laws of the United States, you agree:
- 1. That you may only download Content that Mountain Flyer designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
- 2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Mountain Flyer, unless such use is pursuant to Educational Use of Content of this agreement.
- 3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- 4. To refrain from framing or mirroring any portion of the Site.
- 5. For clarity, you retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“User Content”). By uploading User Content, you grant Mountain Flyer (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with Mountain Flyer Products. Mountain Flyer may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such Mountain Flyer Products. A Mountain Flyer Product is defined as "a product of Mountain Flyer, a subsidiary, affiliate, joint venturer, or licensee of Mountain Flyer, in any language, over which Mountain Flyer has "Editorial Control." For the purposes of this Agreement, "Editorial Control" means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the Mountain Flyer Product. You also agree that Mountain Flyer may make User Content available to users of the Site who may display and redistribute it in the same way that Mountain Flyer makes all other Content available.
- 6. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Mountain Flyer’s designated agent the following information:
• a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• b. A description of the copyrighted work that you claim has been infringed;
• c. A description of where the material that you claim is infringing is located on the Site;
• d. Your address, telephone number, and e-mail address;
• e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Mountain Flyer’s designated agent for notice of claims of copyright infringement on the Site is its Editor who can be reached as follows:
Mountain Flyer Magazine
PO Box 272
Gunnison, CO 81230
By phone: 1-970-641-1804
By e-mail: email@example.com
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.
Educational Use of Content
With respect to Content designated as available for download for educational purposes (“Downloadable Content”), librarians, teachers, support staff, administrators, other staff of educational institutions, students, and adults supporting such students’ learning (“Educators or Learners”) are authorized to download Downloadable Content to a personal computer or school server and print, reproduce, and distribute such Downloadable Content solely for use in educational material and subject to the restrictions set forth below.
The following restrictions apply to all Downloadable Content:
- 1. Educators or Learners are prohibited from disseminating Downloadable Content beyond such Educator’s or Learner’s particular educational institution.
- 2. Under no circumstances may an Educator or Learner use Downloadable Content for commercial purposes.
- 3. Downloadable Content used for any purpose must always maintain unaltered credit, copyright, other proprietary notices, and embedded links.
- 4. Educators or Learners may make no modifications to Downloadable Content and must preserve all Mountain Flyer credits and copyright notices.
With respect to Read-Only Downloadable Content, Educators or Learners may neither make use of nor allow or enable the use of Read-Only Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites or computer networks, regardless of educational use.
With respect to Modular Downloadable Content, Educators or Learners may post only products the Educator or Learner has created that contain such Modular Downloadable Content and only to a website administered by the Educator’s or Learner’s school or school system or by Mountain Flyer.
Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to Mountain Flyer in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
Mountain Flyer EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. You agree that Mountain Flyer’s sole and exclusive maximum liability arising from any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL Mountain Flyer, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, TRAVEL AND TOURS.
All requests for service and support stemming from dealing with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.
The Site and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
Although Mountain Flyer does not routinely monitor the postings to the Site, Mountain Flyer reserves the right (but assumes no obligation) to delete, move, or edit any User Content that comes to its attention that Mountain Flyer considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Mountain Flyer, restricts or inhibits any other user from using or enjoying the Site will not be permitted. Mountain Flyer reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of the United States.
The Site may provide, or third parties may provide, links to other sites or resources. Because Mountain Flyer has no control over such sites and resources, you acknowledge and agree that Mountain Flyer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mountain Flyer shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
Mountain Flyer wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than Mountain Flyer. Mountain Flyer neither endorses nor guarantees the accuracy of any User Content. Mountain Flyer does not preview, censor, approve, edit, or endorse User Content and cannot guarantee that inappropriate material will not be posted. Mountain Flyer may review User Content from time to time and may take steps to remove inappropriate User Content that comes to its attention; however, it engages in no routine monitoring of the Site. There is no substitute for healthy skepticism and your own good judgment.
You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:
1. Abide by the Community at Mountain Flyer Rules for Members (which are fully incorporated into these Terms);
2. Post User Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Mountain Flyer's mission of inspiring people to care about the world.
3. or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for Mountain Flyer’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any User Content that you post, and nothing you post will infringe on the rights of others;
4. Neither post nor transmit any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive User Content, or User Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other User Content that infringes on the ability of others to enjoy the Site, or is otherwise inappropriate;
5. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user.
6. Neither post nor transmit through the Site any User Content that constitutes advertising or solicitation with respect to any product or service;
7. Not post anonymously or impersonate any other person;
8. Neither use nor launch any automated means, including “robots,” “spiders,” or “offline readers” that accesses the Website in a manner that sends more request messages to the Mountain Flyer servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); and
9. Not to alter or modify any part of the Site, make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, make no User Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and neither circumvent nor disable any security or data-protection measures implemented by Mountain Flyer.
10. With respect to the Video Player, you also agree:
- a. If you use the Video Player on your website, you must include a prominent link back to the Site on the pages containing the Video Player and you may not modify, build upon , or block any portion of the Video Player in any way.
- b. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to Mountain Flyer (in Mountain Flyer’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material").
- c. You are prohibited from embedding the Video Player into any hardware or software application, even for non-commercial purposes. Mountain Flyer reserves the right to prevent embedding to any website or other location that Mountain Flyer finds inappropriate or objectionable (as determined by Mountain Flyer in its sole discretion).
- d. You may make no use of the Video Player for any commercial use, without the prior written authorization of Mountain Flyer; provided, however, that you may use the Video Player to show Mountain Flyer content on an ad-enabled blog or website, provided the primary purpose of using the Video Player is not to gain advertising or any other form of revenue (e.g. license fees, subscriptions, etc.). Prohibited commercial uses include, without limitation any use of the Video Player that Mountain Flyer finds, in its sole discretion, to use Mountain Flyer resources or User Content with the effect of competing with or displacing the market for Mountain Flyer content.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, Mountain Flyer RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Mountain Flyer; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. Mountain Flyer reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Mountain Flyer in asserting any available defenses.
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Washington, D.C., pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the District of Columbia, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If Mountain Flyer is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Mountain Flyer for its respective legal fees, costs, and disbursements if Mountain Flyer is successful.
These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between Mountain Flyer and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Mountain Flyer may be construed as a waiver of any part of these Terms. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.