This agreement establishes the terms and conditions by which the Iditarod Trail Committee, Inc. (“ITC”) provides you with the video, audio and other content through the Iditarod Insider section of the Iditarod.com website (“Website”). By clicking the “Accept” button below, you agree to be legally bound by the terms and conditions of this agreement. The ITC reserves the right to modify or amend the terms of this agreement from time to time with or without notice. Your continued use of the Website following the posting of changes to this agreement will mean you accept those changes.
Access to the Website requires you to register. Registration requires you to provide certain personally identifiable information, such as your name, e-mail address, street address, gender, and date of birth. Please refer to our Privacy Policy for information on our information gathering and how we intend to use and share any information we collect. If you register for the Website, you accept responsibility for all activities that occur under your account. You also represent that the information you provide in the registration process is current, complete and accurate and that you will update that information so that it remains current, complete and accurate. ITC reserves the right to terminate your subscription and deny access to the Website to any person who violates this Agreement.
As part of the registration process you will select a user name and password which you will use to access the Website. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others may not access the Website using your user name and password or account in whole or in part. You are responsible for any access to or use of the Website that is made with your user name and password, regardless of whether you authorized such use or access or not. If you believe anyone has accessed the Website with your user name and password without your authorization, you must immediately notify ITC at shooley@iditarod.com.
The current subscription fee for the Website is $19.95 (for individuals), $39.95 (for classrooms) or $99.95 (for schools) per race season. The ITC will bill your credit card for the subscription fee, as well as all applicable taxes or other governmental impositions. In the event legal action is necessary to collect on balances due, you agree to reimburse the ITC for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website. You are also responsible for all federal, state and local taxes, if any, as well as any other costs or fees associated with the use of your subscription that are not specified herein as being included as part of your subscription fee.
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by the ITC, its licensors and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which such Website is being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website, its Content and all related rights shall remain the exclusive property of the ITC or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
In the event you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software") are licensed to you by the ITC or its licensors. The ITC does not transfer title to the software to you. The ITC (or its licensors) retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
All trademarks, service marks and trade names of the ITC and its partners and licensors used herein (including without limitation: Iditarod®, The Last Great Race On Earth®, 1,049 Miles®, Alaska Where Men Are Men and Women Win the Iditarod®, I & Design®, Iditarod Trail Alaska and Design®, Iditarod Trail Committee®, Iditarod Days®, Iditarod Insider™, Iditarod Insiders™ and Junior Iditarod®) (collectively “Marks”) are trademarks or registered trademarks of the ITC or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the ITC’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.
You agree that you will not use the Website to post or upload any of the following:
You further understand and agree that sending unsolicited email advertisements to any user of the Website or through Voice computer systems is expressly prohibited by this Agreement. Any such unauthorized use of our computer systems is a violation of this Agreement and applicable “anti-spam” laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
The ITC may, at its discretion but without any obligation, remove Content that does not meet the acceptable use guidelines in Section 5 or is otherwise inappropriate, according to its sole interpretation. The ITC may also remove all other Content by such user, disable a user’s account, and otherwise prevent that user from using our services. The ITC may also, at its discretion, disable and suppress Content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may also block your access to our Website in the event that (a) you breach the terms and conditions of this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
User published Content does not represent the views of the ITC or any individual associated with the ITC, and the ITC does not control user published Content. In no event shall you represent or suggest, directly or indirectly, the ITC’s endorsement of user published Content. The ITC does not vouch for the accuracy or credibility of any user published Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Website. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.
In some cases we partner with another company to co-promote their services within our Website. In these cases, you are transacting directly with our partner. On those pages, the transactional partner's brand is clearly visible, and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by this Agreement. When there is a conflict between the terms and conditions of this Agreement and partner terms of service, this Agreement shall be held as the primary, enforceable terms of service.
From time to time, this Website may contain links to websites that are not owned, operated or controlled by ITC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither ITC nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither ITC nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
Creating or maintaining any link from another website to any page within the Iditarod Insider section of this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
User published Content remains the intellectual property of the individual user. By posting Content on our Website, you grant the ITC a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
In the event that you have a dispute with one or more other users of the Website, you release the ITC, and its officers, directors, agents, subsidiaries, joint ventures and employees, and each of them, from any and all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOUR USE OF AND BROWSING OF THE WEBSITE ARE AT YOUR OWN RISK. THE ITC, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE THE WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE ITC, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ITC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE ITC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO HE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
ITC DOES NOT ASSUME ANY LIABILITY, NOR WILL IT BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING YOU’RE YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL ITC, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE. IN NO EVENT SHALL ITC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50.00) OR (B) THE COST OF YOUR SUBSCRIPTION.
THE ITC ASSUMES NO LIABILITY IN THE EVENT THAT LEGAL ACTION IS TAKEN AGAINST YOU BY A THIRD PARTY AS A RESULT OF CONTENT YOU PUBLISH ON THIS WEBSITE, WHETHER FOR COPYRIGHT INFRINGEMENT OR ANY OTHER ILLEGAL ACTIVITY RELATED TO YOUR CONTENT.
You agree to defend, indemnify and hold ITC and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of the terms and conditions of this Agreement by you or your authorized users, or in connection with the use of this Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party. In addition, you represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate those representations and warranties and will not cause injury to any person or entity; and that you will indemnify ITC and its affiliates for all claims resulting from Content you supply.
Neither ITC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Your use of this Website is subject to our Privacy Policy. Please read our Privacy Policy linked to here at http://www.iditarod.com/privacy_policy.html.
This Agreement shall be governed in all respects by the laws of the State of Alaska as such laws are applied to agreements entered into and to be performed entirely within Alaska between Alaska residents. The ITC does not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ITC in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. ITC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 12 (Access and Interference), 13 (Your License to Us), 14 (Release), 16 (Limitation of Liability), and 17 (Indemnity) shall survive any termination or expiration of this Agreement.
In operating the Website, ITC may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is shooley@iditarod.com.
Please provide the following notice:
This Agreement constitutes the entire agreement between ITC and you and supersedes any prior understandings or agreements (written or oral).
If you do not understand any of the foregoing terms and conditions of this Agreement or if you have any questions or comments, we invite you to contact shooley@iditarod.com.
All text, images, animation, videos, music, sounds, website design, graphics, text selections, arrangements, and all software are Copyright © 2006, Iditarod Trail Committee, Inc.