We believe that the projects and inventions that are shared on MountainMakerMadness.com (hereafter: "MMM") should be distributed and licensed in such a way that both protects the rights and privacy of the individual creator and ultimately contributes the most value to the larger community. Because of this, any and all works of authorship copyrightable by you and posted by you to MMM are submitted under the terms of a Creative Commons Attribution-ShareAlike 3.0 Unported license.
Terms of Service
Acceptance of Terms.
Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service);
- involves commercial activities and/or sales without MMM's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of MMM or any third party; or
- impersonates any person or entity, including any representative of MMM.
- Additionally, you shall not: (i) take any action that imposes or may impose (as determined by MMM in its sole discretion) an unreasonable or disproportionately large load on MMM’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures MMM may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except (A) for any part of the Service which is licensed under an open source or similar license or (B) to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service except where license permits, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
MMM reserves the right to refuse registration of, or cancel a MMM User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your MMM password. You shall never use another user’s account without such other user’s express permission. You will immediately notify MMM in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fees and Payment; Subscriptions; Promotions.
MMM reserves the right to require payment of fees for certain features of the Service, as well as for Products (as defined below). You acknowledge and agree that only an adult (18 years of age or older) can enter into any transaction or subscription with respect to such paid features or Products. Should you elect to subscribe to such features or purchase any Products, you shall pay all applicable fees, as described on the Site in connection with such features or Products. You will be responsible for paying all delivery fees (including C.O.D. charges), taxes, customs, duties, and other similar charges in connection with any purchases made through the Site. MMM reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you (or in the case of Products, immediately upon posting such new pricing on the Site), which may be sent by email or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges. If you purchase any paid subscription features on the Site, those subscriptions will automatically renew unless you provide MMM with at least 30 days’ notice that you wish to cancel your subscription. From time to time, MMM may offer promotions or discounts on services and Products available through the Site. All promotions or discounts will be subject to any additional terms specified by MMM, and unless otherwise indicated, (i) promotions and discounts may not be combined (i.e., one promotion per order), and (ii) promotions may not be applied to the purchase of any gift cards. For subscriptions that are purchased with discounted or promotional pricing, following the expiration of the discount or promotion, the subscription will be charged at full price upon renewal.
Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under MMM’s control, and you acknowledge that MMM is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by MMM or any association with its operators. You further acknowledge and agree that MMM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
MMM and Site Content.
You agree that the Service contains Content specifically provided by MMM or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Site expressly authorize you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from MMM, or from the copyright holder identified in such Content’s copyright notice.
The Service may allow you to order various goods provided by MMM and/or its third party partners (“Products”). MMM reserves the right to change the pricing of Products at any time, as well as any Product descriptions, at any time in its sole discretion. All orders for Products are subject to acceptance and verification by MMM, and MMM reserves the right to reject or cancel an order for any reason (including, without limitation, in connection with any incorrect Product listings), up until the time the Product has shipped. If MMM cancels all or part of an order for which you have already provided payment, MMM will issue a refund for such cancelled portion. All Products are subject to our Return Policy, which is incorporated herein by reference (and which may be updated by MMM from time to time in its sole discretion by posting a notice on the Site or by sending you an email).
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship, designs, know-how, ideas, inventions or other information or content, to the Service (“User Submissions”). By submitting User Submissions to MMM, by posting User Submissions on or at any of the Site or otherwise through the Service, or displaying, publishing, or otherwise posting any content on or through the Site or the Service, you:
- hereby agree that any and all User Submissions which constitute copyrightable works of authorship and which are posted by you to the Service (“Content”) are submitted under the terms of the Creative Commons Attribution-ShareAlike 3.0 Unported license (“CC-BY-SA”), and you hereby grant MMM a license to such Content under the terms of CC-BY-SA. Under this license, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Content, but only if they do so under the same CC-BY-SA license that governs your original Content. The full text of the CC-BY-SA license is available at: http://creativecommons.org/licenses/by-sa/3.0/legalcode.
- represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by MMM (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and acknowledge and agree that: (i) without limiting the CC-BY-SA license granted by you with respect to your User Submissions, MMM shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) MMM will not be liable for any errors or omissions in any content; and (iv) MMM cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
- You hereby grant MMM a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to MMM relating to the operation of the Service.
MMM does not endorse and has no control over any User Submission. MMM cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. MMM has no obligation to monitor the Site, Service, Content, or User Submissions. MMM may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will MMM be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. MMM is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
MMM has no special relationship with or fiduciary duty to you. You acknowledge that MMM has no control over, and no duty to take any action regarding: which users gains access to MMM; what Content you access via MMM; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MMM from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. MMM makes no representations concerning any content contained in or accessed through the Site, and MMM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
EXCEPT FOR ANY SEPARATE WRITTEN WARRANTY THAT IS PROVIDED EXPRESSLY AND UNAMBIGUOUSLY FOR A SPECIFIC PRODUCT (WHICH, IF PROVIDED, WILL APPLY ONLY TO SUCH SPECIFIC PRODUCT, AND NOT TO OTHER PRODUCTS OR THE SERVICE GENERALLY), THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MMM, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT AND PRODUCT PROVIDERS DO NOT WARRANT: (A) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT ANY DEFECTS OR ERRORS IN ANY PRODUCTS OR SERVICES WILL BE CORRECTED; (C) THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE AND ANY PRODUCTS IS SOLELY AT YOUR OWN RISK.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): MMM MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. MMM will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on MMM’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.
General Content Disclaimer.
MMM makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content. By using the Service, you agree that MMM shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
Limitation of Liability.
IN NO EVENT SHALL MMM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) OR ANY PRODUCT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCTS OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00).
MMM makes no representation that the Content is appropriate or available for use in locations outside of the Bow Valley in Alberta, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability.
Copyright and Trademark Notices.
The names of any actual companies and products mentioned at the Sites may be the trademarks of their respective owners.
Digital Millennium Copyright Act Notice. As MMM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Service violates your copyright, you may notify MMM per the policy below. It is MMM’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements: If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to MMM:
- A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;
- Identification of the copyrighted works or materials allegedly being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that MMM is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the use of the allegedly infringing Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by MMM it is MMM’s policy:
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that MMM will terminate such content provider’s, member’s or user’s access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent: If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the Canada, for any judicial district in which MMM is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Designated Agent, MMM may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MMM’s discretion.
What Personal Information Does MMM Collect?
The information we gather from users enables us to provide, personalize and improve our services, and allows our users to set up a user account and profile that can be used to personalize their experience on MMM and interact with other users through the site. In connection with MMM, we request and display some personal information to other users and visitors of MMM, which allows users to identify one another. We collect the following types of information from our users:
Personal Information You Provide to Us:
We do not allow children under 13 to create an account. We do not allow children under 18 to create accounts without explicit written permission from a parent. If a child receives parental permission and creates an account, we also receive and store the following information when a child creates an account: a full name, parental name, child email address, parental email address, and current Bow Valley school attended. We ask the child to provide a password.
MMM does not intentionally collect any personal information from children other than the information set out above. However, as part of the functionality of our service, we allow child accounts to upload certain content to the site, including photos, videos, and comments. We take measures to prevent children from communicating personal information through these features, but we cannot guarantee the effectiveness of these measures. If you use these features to disclose personally identifiable information, you should be aware that such information could be read, collected, or used by other users and/or third parties. You agree not to provide any personally identifiable information through these features unless that is your specific desire, and we are not responsible for any personally identifiable information that you provide using these features.
Adults that create an account will be required to provide us with a full name, full email address, and some verification that they are geographically connected to the Bow Valley, where the definition of "connected" is completely determined by MMM.
You can choose not to provide us with certain information, but then you may not be able to create an account or take advantage of many of the MMM’s special features. The Personal Information you provide is used for such purposes answering questions, improving the content of MMM , responding to your requests for certain information, products and services, attribution for content you submit, customizing the advertising and content you see, allowing you to communicate with other users, and communicating with you about MMM’s products and services, including specials and new features.
Personal Information Collected Automatically:
We receive and store certain types of information whenever you interact with our Website or use our services. MMM automatically receives and records information on our server logs from your browser including your IP address, cookie information, browser information, operating system, timestamps, the pages you request, and the actions and path you take on MMM. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Website and how they use its various components. MMM only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how users use parts of MMM or services so that we can make MMM appealing to as many users as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our users, collectively, use our Website or services. We share this type of statistical data so that our partners also understand how people use MMM or services, so that they, too, may provide you with an optimal online experience. Again, MMM never discloses aggregate information to a partner in a manner that would identify you personally.
What About Cookies?
Will MMM Share Any of the Personal Information it Receives?
We neither rent nor sell your Personal Information to anyone; To be absolutely clear, we do not and will not sell your, or your child’s, data.
With Respect to a Child’s Personal Information:
MMM will not send Personal Information about any user to other companies or people, except when: we have a user’s consent to share the information or we are required to do so to comply with the law, including for example, to comply with a court order or subpoena; to enforce our Terms of Service, or site rules; or to protect the safety and security of our users and site.
If MMM, or substantially all of its assets were acquired, or in the unlikely event that MMM goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. As set forth below, you acknowledge that such transfers may occur, and that any acquirer of MMM may continue to use your Personal Information as set forth in this policy.
With respect to Personal Information other than a child’s Personal Information, we share such Personal Information only as described below.
Advertisers: As discussed above, we may allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you (including, without limitation, information you may have decided not to show to other users) to select or allow the advertiser to select the appropriate audience for those advertisements. For example, we may allow an advertiser to target an ad to you based on your query history.
Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through MMM. In other situations, MMM may provide services, or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business.
Agents: We might other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, MMM’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.
User profiles: User profile information including users’ name, email address, and other information you enter (“User Submissions”) may be displayed to other users to facilitate user interaction within MMM. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by MMM, except, when the user is “connected” to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.
Communication in response to User Submissions: As part of MMM and services, you will receive from MMM email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, MMM may send you email and other communication that it determines in its sole discretion relate to your User Submissions.
Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that are transferred. Moreover, if MMM, or substantially all of its assets were acquired, or in the event that MMM goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of MMM or its assets may continue to use your Personal Information as set forth in this policy.
Protection of MMM and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the any applicable law, regulation or other legal requirement; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of MMM, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Is Personal Information About me Secure?
Your MMM account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. MMM endeavors to protect user information to ensure that user account information is kept private, however, MMM cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Please be aware that whenever you voluntarily post information to public areas on Website or any other public forums, such information can be accessed by the public.
Questions or Concerns
If you have any questions or concerns regarding privacy on our Website, please contact us with a detailed message. We will make every effort to resolve your concerns. Please note that if you are not 18 years of age or older, then you must have your parent or legal guardian’s permission to call us.
Effective Date: Jan 1, 2019
These Terms of Service are available on Github under a Creative Commons Attribution 3.0 Unported license.
- MMM Website