Terms and conditons
MOUNTAIN HUB TERMS & CONDITIONS OF USE
Effective as of October 15, 2020
Mountain Hub welcomes you to its community of snow sport and outdoor adventurers dedicated to enjoying not only snow and the outdoors but sharing valuable information to make our adventures safer and more enjoyable.
Our Terms and Conditions of Use (“Terms”) explains your rights and our obligations with regard to using our software (“Software”) and service (both collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between Mountain Hub (including its affiliates and subsidiaries, “Mountain Hub” or “We”) the proprietor of all rights in and to the Service, and you.
CAREFULLY READ THESE TERMS TO BE SURE YOU UNDERSTAND THEM.
If you do not agree to these Terms or Policies or any of their parts, then you are prohibited from using our Service.
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Mountain Hub.
You assume the risks of your own decisions and judgment. The information provided by Mountain Hub is not intended to replace your own judgment in participating in snow and outdoor activities involving our Service. Safety in the outdoor environment in particular, has an unpredictable quality insofar as the risks can rapidly change due to weather, temperature and the aspect and angle of the slopes. Mountain Hub provides important information that you must factor into a variety of other considerations in evaluating risk.
Our information is provided by our users, not by us. We do not make any claims as to the accuracy or veracity of the information. It is crowdsourced and dependent on the provider, which is, again, not us. We facilitate only a forum to share this information and make no claims as to the integrity of the information provided, which intrinsically fluctuates, and may be inaccurate, incomplete or outdated. Please note again that the type of information provided is also time-dependent as environmental conditions can change due to weather and other factors. Simply, Mountain Hub does not provide any warranties to such information’s credibility or reliability and we make no such claims.
Third party advertisements may appear on the Service from time to time. While Mountain Hub may provide access for the advertisements, it does not make any claims or endorsements of the advertisements or the products featured.
The Internet connection required to use the Service, and any associated charges (e.g., mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g., Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such a connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
The Service utilizes Software for mapping, data, updates and route information. The Service, its database, Mountain Hub’s trademarks, the design of the maps of the Service, the information integrated in the Software, and all intellectual property related to the Service and Software are the properties of Mountain Hub.
The Service is intended for use by users of an Authorized Jurisdiction who are at least 18 years of age, or if you have parental consent, at least 13 years of age in the Authorized Jurisdiction ("Minimum Age"). The Service is not intended for users under the Minimum Age. You hereby affirmatively represent that: (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Service if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Mountain Hub the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Service. Accounts of users under the age of 13 years will be canceled and deleted by Mountain Hub, upon receiving notice.
WHAT IS THE SERVICE
The Service allows outdoor sports participants to share information, such as snow profile information or generalized outdoor environmental conditions, gathered by Mountain Hub products. It allows users to assess this information and use their own judgment to participate in various outdoor activities in a safer manner. The Service is provided mainly through the Software.
Mountain Hub hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms. It does not apply to Mountain Hub’s trademarks, the design, look or feel of the Service or of the maps of the Service and the files integrated in the Software or to other intellectual property rights of Mountain Hub.
USING THE SERVICE
You may use the Service solely for private and personal purposes and the use of your particular organization. You may not use the Service for your or an organization's commercial financial gain. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Mountain Hub. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Service’s database or a website associated with the Service ("Website" or "Site"). This clause does not limit the use of the database as intended by the Software and for the purposes designated and approved by Mountain Hub with professional organizations.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Mountain Hub.
The Software may not be used in any way that is not expressly permitted by these Terms.
The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, snow profile date, route conditions, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Mountain Hub’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Mountain Hub’s prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without Mountain Hub’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of Mountain Hub; (xii) transfer or assign your Service accounts’ password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Mountain Hub’s express prior written consent; and/or (xv) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. If you would like for Mountain Hub to delete your Mountain Hub account and your personal information contained in the account, please contact Mountain Hub accordingly. On receiving such a request, Mountain Hub will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.
Mountain Hub retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Mountain Hub deems appropriate, at its sole and absolute discretion.
It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Mountain Hub, the Service, or Mountain Hub’s products or products approved by Mountain Hub, and such Content strictly complies with these Terms.
When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:
- is diminishing or infringing proprietary rights of others, including but not limited to copyright and trademarks;
- poses a risk to a person’s safety, security or health;
- identifies other persons, including the likeness of others, without obtaining such person’s express written consent to the disclosure of their personal information or likeness, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
- is unlawful, defamatory, libelous or invades the privacy of others;
- is harassing, offensive, threatening or vulgar;
- is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
- encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
- promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms; and/or
- falsely expresses or implies that such content is sponsored or endorsed by Mountain Hub.
The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.
Mountain Hub may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Mountain Hub or any of its agents or affiliates. In such cases, Mountain Hub may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Mountain Hub by any law.
RIGHTS IN CONTENT
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Mountain Hub to publish the Content and exploit all intellectual property rights in and to the Content. While Mountain Hub receives no ownership rights in and to the Content that you submit, by submitting Content to Mountain Hub, you hereby grant Mountain Hub and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, aggregate for research and other purposes, display in public, and publicly utilize the Content in any manner at Mountain Hub’s discretion. The license granted to Mountain Hub in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Mountain Hub’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Mountain Hub provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Mountain Hub to be your agent).
EXAMINATION OF CONTENT
Mountain Hub may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, and/or remove such Content after its publication. Mountain Hub does not normally utilize its right to monitor Content and does so only in rare cases.
Mountain Hub retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Mountain Hub does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Mountain Hub. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
All intellectual property rights in and to the Site, the Service and its database(s), including copyrights, trademarks, industrial designs, patents and trade secrets, are either the exclusive property of Mountain Hub or its affiliates or are exclusively licensed to Mountain Hub. The Service is protected, among others, by applicable copyright and other intellectual property provisions prescribed by any law, in any nation and through any and all treaties.
“Mountain Hub”, the Mountain Hub logo, and other trade and/or service marks are the property of Mountain Hub or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Mountain Hub.
The design, trade dress, and the "look and feel" of the Site, maps of the Site, and the Service are protected works under applicable copyright laws, patent laws, and/or other intellectual property laws, and Mountain Hub and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed by the Software on the Site or any mark, indicator, logo or notation embedded in the maps that are displayed by the Software on the Site. You may not copy or print more than one copy of any data or material appearing on the Site.
Mountain Hub may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Mountain Hub’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Mountain Hub to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
If you use the Service on an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
LIMITATION OF LIABILITY AND WARRANTY
MOUNTAIN HUB PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Mountain Hub disclaims any warranties relating to the accuracy of the maps, Content, route conditions or routes presented or displayed in or by the Service.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws, rules and regulations while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE YOUR OWN JUDGMENT AND CONSIDERATIONS OF OTHER INFORMATION NOT PROVIDED BY THE SERVICE IN MAKING YOUR DECISIONS. IN THE EVENT THAT THIS OTHER INFORMATION OR DATA YOU CONSIDER INSTRUCTS DIFFERENTLY THAN THE SERVICE MIGHT INDICATE, YOU MUST NOT RELY ON THE SERVICE.
No warranty or representation as to the accuracy, completeness or technical or scientific quality of any information or suitability for the Recipient’s intended use is provided herein.
Mountain Hub exerts efforts to provide you with a high quality and satisfactory service. However, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Mountain Hub’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Mountain Hub or any of its providers.
MOUNTAIN HUB, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS OR MALFUNCTIONS, IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
The Service may include commercial information or advertisements (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Mountain Hub may post Ads on the Service BUT the source of such Ads may also be from third parties, and as such, Mountain Hub cannot and does not guarantee the reliability or accuracy of third party Ads. Mountain Hub does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Mountain Hub will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.
It is underscored that the advertising of commercial content by Mountain Hub does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Software may include links to services or applications not operated or managed by Mountain Hub, Mountain Hub will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Mountain Hub will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software and/or Site.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Mountain Hub and its employees, officers, directors and agents, as well as all third party advertisers of Ads, from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Mountain Hub, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Mountain Hub may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the Software, the Site, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Mountain Hub for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Mountain Hub may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Mountain Hub may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the State of Alaska, USA, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software, the Site, and/or the Service, will be under the exclusive jurisdiction of the competent court in the Fourth Judicial District of the State of Alaska. The appropriate venue for any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software, the Site, and/or the Service, will be Fairbanks, Alaska. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software, the Site, and/or the Service shall be resolved individually without resort to any form of class action.
Should you desire to file any cause of action against Mountain Hub, arising out of or related to the Mountain Hub Software, Site, or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Mountain Hub. Mountain Hub may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Mountain Hub’s obligations to you under these Terms.
NO LEGAL RELATIONSHIP
These Terms and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Mountain Hub Service, its contents, maps and any other data.
You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the “Contact Us” page on the Site (web address: http://www.MountainHub.com/support). We will make our best efforts to address your inquiry promptly.
Mountain Hub respects your privacy. It is important to us to do so.
- the information that Mountain Hub collects from users;
- how that information is used by Mountain Hub; and
- the rights and options available to users.
Contact Mountain Hub / Abuse reports
If you believe that your privacy has been compromised by any person, in the course of using the Service, then please contact Mountain Hub.
You may send Mountain Hub other requests, responses, questions and complaints by email to contact@MountainHub.com.
Information that is being collected
Mountain Hub allows you to use the Service after entering your given name (“user name”)
The categories of information collected by Mountain Hub will include all or some of the following, depending on how you choose to use the Service.
Mountain Hub will collect:
- detailed location and related information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated; and/or
- information about your use of the Service (see “Meta-data that we collect”, below).
If you choose to use the Service in a manner detailed below, Mountain Hub may also collect:
- information that you choose to share with Mountain Hub, including a username you have chosen, reports associated with your username, “home” or “work”, other “favorites”, destinations you may travel to, chat messages, search queries, and/or calendar information;
- information required when setting up a username you have chosen, such as your name, date of birth, and gender (bear in mind that false, incorrect, or out-dated information may impair Mountain Hub’s ability to provide you with the Service and to contact you when necessary; Mountain Hub will explicitly indicate the fields for mandatory completion; if you do not enter the requisite data in these fields, you may not be able to set up a username); and/ or
- information shared from your social network accounts (see “Integration with social networks”, below).
In order to access certain features of the Service (for example, posting snow profile data, mapping, route information, etc.), you will need to set up a username.
If you do set up a Mountain Hub username and password in the Application:
- Mountain Hub will link all of your information with your Account and that username (this includes information received from all mobile devices running the Application on which you have chosen to sign in using your username and password);
- with the exception described in the bullet below, your Account and information associated with your Account will be visible only to Mountain Hub; and/or
- when using the Application, your approximate location and other information you may choose to contribute will be visible to other users associated with that username.
Uses of information
Mountain Hub may use information collected from or provided by you for the following purposes:
- to provide you with the Service (for example, Mountain Hub may use your location and related information to provide environmental considerations for your outdoor pursuits or navigation services and to provide information and advertisements about sites that we believe, based on your inputs, you may find interesting);
- to operate the Service and to improve and customize your experience with the Service;
- to improve the experience of other users (for example, Mountain Hub may use your information to improve the accuracy of its snow assessment, mapping and route data);
- to provide you with support and handle requests and complaints;
- to send you updates, notices, announcements, and additional information related to the Service;
- to create aggregated and/or anonymous data where such data does not enable the identification of a specific user (see “How does Mountain Hub use aggregated information”, below);
- to conduct surveys and questionnaires;
- to share your submissions with other users of the Service and to facilitate communication between you, Mountain Hub and other users;
- to contact you when Mountain Hub believes it to be necessary;
- to comply with any applicable law and assist law enforcement agencies under any applicable law, when Mountain Hub has a good faith belief that Mountain Hub’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;
- to prevent fraud, misappropriation, infringements, identity theft and/or other illegal activities and misuse of the Service;
- to handle breakdowns and malfunctions;
- to take any action in any case of dispute, or legal proceeding of any kind between you and the Service, or between you and other users or third parties with respect to, or in relation with the Service;
You may also provide additional information that will be used to personalize the Services and enhance your experience with the Services.
Further information may be collected when Mountain Hub exchanges communications with you, for example, if you submit a request, contact Mountain Hub’s support team, or report a violation to the abuse team.
Personal information that you share
The Services are based on a community of users publicly sharing information with Mountain Hub and with other members of that community.
In particular, users may choose to share personal information such as name, age, gender, birth date, picture, their location information and reports. This information may be shared either directly to the Service and to all users, such as in the case of snow profile locations or route conditions, or just to communicate with others on Mountain Hub. This information may also be shared via third party services (such as social networks) which interact with the Service upon such users’ choice.
In general, with the exception of professional organizations or particular commercial entities, the content that you share to all users is neither private nor confidential and you should not have any expectation of privacy with respect to it. Particular organizations and entities may have reason to share their information only on a limited basis and accordingly, such organizations, which have special subscriptions to the Service, are exceptions to the public nature of the information shared. However, for all others, the information you upload will be posted along with other personal information. Therefore, you must exercise caution and common sense when submitting information. At the very least you should demonstrate the same degree of caution as when publishing personal information by means other than the Internet and cellular services.
You can decide whether or not to upload content to the Service. However, any content that you submit for posting may be viewed by all users of the Service and by Mountain Hub.
In any event (but except as detailed below with respect to information shared from your social network accounts according to your privacy settings for such social network accounts), your email address will not be visible to others through any reports or user posts that you share or upload.
We, at Mountain Hub, take great measures to provide you with the best experience you can have while using the Service. However, Mountain Hub has no control over the conduct of any user and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made.
Participating in any user’s activities as a result, directly or indirectly, from using Mountain Hub, is entirely at your own risk. Mountain Hub is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulation or any other duty. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, to the Service or the use thereof.
Integration with social networks
You may choose to share information between your Account and your social network account (such as Facebook). Through this option, you may choose to have personal information and other content about you available from social networks, transmitted and shared through the Service. Similarly, you may choose to have personal information and other content about you available from Mountain Hub, including your location and route information, transmitted to and shared through your social network account.
When you connect to the social network account through the Service for the first time or otherwise make the Service interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Service. We collect your information from your social network account only in accordance with your privacy settings you have set up under your social network account(s).
Accordingly, we only collect such information which you allowed the social network(s) to share with third parties (such as your name, email address, list of friends, profile picture, other information you make publicly available via the applicable social network). You understand that the Service may access, make available and store (if applicable and as permitted by the third party social network and authorized by you) such information so that it is available on and through your Account. For example, Mountain Hub may allow you to share your location with your Facebook friends, via the Application.
Please note that certain information which you have defined as private on your third party social network account(s) may become public to other Mountain Hub users through the Service if you have defined such information to be public on the Service. For example, if you designate your social network username as “private” in your social network account (to the extent possible under said settings), but have elected to set your Mountain Hub account settings as public, then the username will become public on the Mountain Hub service.
Meta-data that we collect
Mountain Hub collects information about the use of the Service. For example, but not limited to these examples, Mountain Hub may record the frequency and scope of your use of the Service, the duration of your sessions, information about the device on which you have installed the Application, the web pages that you visit via the Application, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties, the Internet protocol (IP) address and the name of the domain that serve you to access the Service, your email address, and the geographic location of the computer system that you are using to log-in.
Accessing the Service
In order to access certain features of the Service you will need to set up a username.
Mountain Hub may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service or for accessing certain features or designated sections of the Service.
Your log-in details are your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your details to someone else. You must maintain your log-in details in absolute confidentiality and avoid disclosing them to others. Make sure that you change your password frequently and at least once every six months.
Sharing information with others
Mountain Hub does not sell, rent or lease your personal information to third parties.
Mountain Hub will not share your personal information with others, without your consent, except for the following purposes and to the extent necessary in Mountain Hub’s good-faith discretion:
- Mountain Hub, at its sole discretion, may share the information it collects with particular entities which it believes advance its mission and that such sharing is accretive to advancing public safety;
- as necessary for the operation of the Services (for example, making public avalanche incidents you report and which are associated with your username and your location);
- if Mountain Hub is required, or reasonably believes that it is required by law to share or disclose your information;
- in any case of dispute, or legal proceeding of any kind between you and Mountain Hub, or between you and other users with respect to, or in relation with the Service;
- in any case where Mountain Hub reasonably believes that sharing information is necessary to prevent imminent physical damage or damage to property;
- for facilitating the Service and to store your data on servers located in the U.S.A. and the European Union;
- to collect, hold and manage your personal information through cloud based or hosting services or a third party or a party affiliated or connected to Mountain Hub, as reasonable for business purposes, which may be located in countries outside of your jurisdiction, including but not limited to the United States of America;
- Mountain Hub may also share personal information with companies or organizations connected or affiliated with Mountain Hub, such as subsidiaries, sister-companies and parent companies;
- personal information may also be shared with Mountain Hub’s other partners and service providers to process it for us, based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures.
Controlling your personal information
If you would like us to delete your Account, your username and your personal information, please contact us at contact@MountainHub.com.
On receiving such a request, Mountain Hub will use reasonable efforts to delete such information, however please note we may not delete information immediately from our back-up systems.
Your location and submission history are associated with your Account and your username.
If you find that the information associated with your Account is not accurate, complete or updated, then you must make all necessary changes to correct it. Please keep in mind that false, incorrect, or outdated information may prevent you from setting up a username and impair the ability to provide you with the Service.
How does Mountain Hub use aggregated information?
Mountain Hub may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, for research purposes, to properly operate the Service, to improve the quality of the Service, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and/or for further internal, commercial and statistical purposes.
Mountain Hub may also use anonymous, statistical or aggregated information collected on the Service, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Service, to the Service’s providers, partners and any other third party. For example, GPS information that we receive from your mobile device may be provided to map editors in an aggregated and/or anonymous form to help improve the map and solve map problems.
Some of the cookies may expire when the session ends and you exit your browser. Other cookies are saved on your computer’s hard drive. If you wish to block the Website’s cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Service, the Website, or certain features thereof.
Mountain Hub may permit, solicit or contract certain other companies to conduct advertising campaigns on the Service.
The information and advertisements that you see when accessing the Service may be targeted on the basis of:
- geographic or contextual information which we collect from you; and/or
- your search query history.
You hereby agree that we may provide such information and advertisements targeted on the basis of your search query history.
The Service includes an internal messaging system which provides you the ability to send and receive messages to and from other users, and to receive marketing messages from us. You hereby agree that we may use the internal messaging system for the purpose of informing you regarding products or services, which may interest you.
Please note, however, that other Mountain Hub users are not allowed to use your contact details or our internal messaging account for commercial advertising purposes. If you have encountered any user-generated advertising material, please inform us through the channels listed on the “About” menu in the Software or through the “Contact Us” page on the Site. Mountain Hub does not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with any user’s advertising material.
It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we shall not be held responsible or liable in connection thereof.
Mountain Hub considers information security to be a top priority. Mountain Hub implements systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although Mountain Hub takes great efforts to protect your personal information, Mountain Hub cannot guarantee and you cannot reasonably expect that Mountain Hub’s databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.