Effective as of April 23, 2009
Before using or obtaining any content, products, or services please read these Terms of Use for the Sports Guide Magazine Website.
Entering the Sports Guide Website is subject to acceptance of the terms of use below ("Terms"), which include our Privacy Policy. By accessing, use or obtaining any content, products, or services through this Website, you agree to be bound by these terms. If you do not accept all of these terms, please do not access our website.
1. Scope and Terms
Site
The following Terms govern your use of all services, content, or products available through access to Sports Guide Magazine Website. You agree to be bound by these Terms, and to use Sports Guide Magazine Website in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not adversely reflect on the viability or reputation of Sports Guide Magazine, its third party providers, or our employees.
Additional Terms
Additional terms may apply when you purchase products or services, or when you participate in promotions or opportunity drawings allowed within the state of Utah.
You agree to abide by the terms and conditions imposed by any Sports Guide Magazine information providers, licensors or suppliers.
You are responsible for reviewing the forms that you fill out on the Sports Guide website, as well as through third-party vendor links, when you purchase products or services, or participate in promotions or opportunity drawings allowed within the state of Utah.
Age restriction
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or purchase the products or services available on Sports Guide Magazine Website.
Responsible party
You are responsible to keep private your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in the My Account areas of Sports Guide Magazine Website. In addition, you will be financially accountable for all use of our Web site by you and anyone using your password and login information.
2. Use of the Site
License
Sports Guide Magazine Website grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use Sports Guide Magazine Website only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to Sports Guide Magazine Website; any rights or license not expressly granted herein are reserved.
Unless you have been given permission by us in advance and in writing, you may use the Sports Guide Website only for your personal, non-commercial use, and not to provide services to a third party or to advertise any third party products or services.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the content on Sports Guide Magazine Website.
If you do so, you may not modify the content in any way, and you must reproduce Sports Guide Magazine Website copyright notice (or the Provider’s notice as applicable) in the form:
©2009 Sports Guide.
as displayed on the relevant page(s) that you might copy.
Except as provided above, you may not
- Copy, upload, post, reproduce display, republish, distribute, transmit, any part of the Content in any form whatsoever;
- Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or reproduce any portion of the Site;
- Reverse engineer any part of this Site; or
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site.
Additional Limitations
Unless otherwise provided within these Terms, or unless specific applicable law requires Sports Guide Magazine Website to allow you to do so, you may not do any of the following without the prior written consent of Sports Guide Magazine Website, including when posting user content such as information or reviews about your outdoor sports, recreation, and/or travel.
State in any way that Sports Guide Magazine Website is endorsing your products or services;
- Post or transmit any unlawful, threatening, libelous, defamatory, indecent, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any party’s privacy, copyright, patent, trademark or intellectual property rights or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
- Upload or transmit to the Site or use any device, software or routine that contains viruses, worms, Trojan horses, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- Use or access the Site in any way that, within our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Sports Guide Magazine Website, other Site users or members;
- Place false or misleading information on the Site.
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that impose an unreasonable load on our equipment; or
- Disguise the origin of the information transmitted through the Site, or impersonate any person or entity, an employee of Sports Guide Magazine Website.
Member ID and Password
Access to certain areas of the Site are only available to registered members. To become a registered Member, you are required to answer a limited number of obligatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
Termination
Sports Guide Magazine Website, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Entering the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. Sports Guide Magazine Website shall not be responsible to you to such suspension or termination.
Changes
Any aspect of the Site may be redesigned, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Sports Guide Magazine Website shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for particular services, or establish or change general practices and limits concerning certain services.
3. Content and Services
Availability
We will use reasonable, commercial efforts to keep our Site available on a constant daily basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
4. Privacy and Security
Your use of the Sports Guide Website is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you.
Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.
Content
The content on Sports Guide Magazine Website is intended for information purposes only. There may be errors, or the information provided may not be current, complete, or applicable to your specific situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by third parties. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through Sports Guide Magazine Website or obtained from a linked site.
Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses and/or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
5. Links to third party sites
Outbound Links
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party Web sites.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
Inbound Links
We welcome and appreciate links from third party sites to the home page of our Site, through a plain text link, provided that (1) you give Sports Guide Magazine Website prior written notice of such link by contacting editor@sportsguidemag.com or at Mills Publishing, 772 E. 3300 S. Suite 200, Salt Lake City, UT 84106, to request Sports Guide Magazine Website’s permission to establish the link; (2) you discontinue providing a link to our Site if so requested by Sports Guide Magazine Website; (3) you do not imply in any fashion that Sports Guide Magazine Website is endorsing any of your products or service or is affiliated with you, (4) you do not present Sports Guide Magazine Website in a false light, or provide misleading or false information about Sports Guide Magazine Website , or its Site or services, (5) you do not remove or obscure the copyright notices, or other notices on this Site; (6) you do not use any mark of Sports Guide Magazine Website ; and (7) you do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, in our sole discretion.
6. Intellectual Property
Sports Guide Magazine Website, its owner or affiliates control and operate this Web site. All content on this Web site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned by Sports Guide Magazine, its owner, its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Content Providers") that have licensed their content or the right to market their products and/or services to us. Trademarks, copyrights or other third-party intellectual property referred to on this Web site are the property of their respective owners, and use on this Web site thereof does not constitute or imply endorsement. You may not copy, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of us or the Content Providers.
Your Comments and Submissions
Any type of communication or materials you transmit to Sports Guide Magazine Website, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Sports Guide Magazine Website (s), and all users of the Site, a worldwide, non-exclusive, perpetual, irrevocable, royalty free, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials, nor do we represent or warrant that Communications or Materials that you submit will be posted, or will continue to be posted, on the Site. We welcome your ideas and suggestions, but we are unable to answer every comment individually.
7. Disclaimer of Warranty
Sports Guide Magazine Website and its providers make no warranty of any kind regarding the Site, or the content, products or services contained on Sports Guide Magazine Website, all of which are provided on an "as is" basis. SPORTS GUIDE MAGAZINE WEBSITE and its providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete or timely. The fact that Sports Guide Magazine Website is including or offering any product or service on the Site is not an endorsement or a recommendation of the product or service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, Sports Guide Magazine Website AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
8. Limitation of Liability
Subject to applicable law, use of this Site and its content is at your sole risk. Services and products made available on this Site are subject to conditions imposed by the providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Sports Guide Magazine Website. IN NO EVENT WILL Sports Guide Magazine Website OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF Sports Guide Magazine Website AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, Sports Guide Magazine Website or a provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Sports Guide Magazine Website and the providers’ liability will in no event exceed, in total, the sum of US $200.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
9. Indemnification
You agree to indemnify and defend Sports Guide Magazine Website and any provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Sports Guide Magazine Website as a result of (1) your violation of any law or the rights of a third party (2) or your breach of these Terms or the documents made part of these Terms by reference, (3) your use of our Site.
10. Disputes
The laws of the State of UTAH (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Salt Lake County, UTAH (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees.
11. General
Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with us. You may not delegate, assign, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we reserve the right not to waive our right to act with respect to future or similar breaches. If a court finds any of these Terms to be or invalid or unenforceable, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
12. Provisions of these Terms of Use
Prior Terms and Conditions
These Terms supersede any prior Sport Guide Magazine Website and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms provided elsewhere in this Site.
Modifications
At any time, we may modify, revise or update these Terms and/or the Privacy Policy, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms in effect at the time of your use. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Written documents
You may maintain these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
