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Ski touring alone

Website Terms & Conditions

Welcome to the website of The Aurora Backcountry Pass (“ABC Pass,” “we,” “us,” or “our”), this website is provided to you, subject to the following Terms of use (“Terms of Use”), which govern your use of our website and our web-based platform containing a link to these Terms of Use (collectively, the “Site”). Please read these Terms of Use carefully before using our Site. By using our Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use our Site or the services we provide on them.

By using aurorabackcountrypass.com, you agree to these Terms and Conditions of Use. Please read them carefully.

 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. By continuing, you further agree to ABC Pass Privacy Policy, Cancellation Policy, and site Terms and Conditions.

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Privacy

Please review our Privacy Notice, which also governs your use of Aurora Backcountry Pass Services, to understand our practices.

By agreeing to the Terms of Use, you agree to the terms of our Online Privacy Policy, which is expressly incorporated into these Terms of Use. All personal data provided to us as a result of your use of these Sites will be handled in accordance with our Privacy Policy. 

Additional Terms and Agreements

We may also require you to follow additional rules or guidelines in order to sign up to use various special features or password-protected areas of our Sites, to make purchases or reservations on our Sites, to participate in certain promotions available through our Sites, or for other reasons. In such cases, you may be asked to expressly consent to additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement. In addition, certain policies or terms of sale may apply to online purchases or reservations made on our Sites, which may be deemed accepted when you complete or confirm your purchase or reservation. All additional terms and click-through agreements as described in this paragraph are referred to as “Additional Terms.”

Aurora Backcountry Content

Our Sites contain text, graphics, video, audio, or other content provided by Aurora Backcountry or its partners (collectively, “Aurora Backcountry Content”) and such content is protected under applicable intellectual property laws.  All Aurora Backcountry Content and related intellectual property rights are the property of Aurora Backcountry or the material is included with the permission of the rights. Aurora Backcountry grants you permission and license to lawfully access and use these Sites and to display, print, or download one copy of the Aurora Backcountry  Content on any single computer for your personal, non-commercial use only, provided that you (a) do not modify the Aurora Backcountry Content; (b) you retain any and all copyright and other proprietary notices contained in the Aurora Backcountry  Content; and (c) you do not copy, post, distribute or transmit the Aurora Backcountry Content on any other website, via any network computer or broadcast the Aurora Backcountry Content in any media.

You expressly recognize and agree that Aurora Backcountry trademarks, including our Aurora Backcountry Pass, Club House, name and logos (the "Aurora Backcountry Marks") are the sole property of Aurora Backcountry. You are not authorized to display or use the Aurora Backcountry  Marks or the trademarks, product names, company names, logos, service marks and/or trade dress of any other owners featured on our Sites without the prior written permission of the owner.

Any applicable software you may download from or access on our Sites, including any files, images, or data accompanying the software (collectively, the "Software") are licensed to you by Aurora Backcountry  for the limited use described in the preceding paragraph. Aurora Backcountry transfers no right, title or interest in the Software to you. Aurora Backcountry retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

Content You Submit to the Sites

Some of our Sites may provide you with the ability to add, create, upload, submit, distribute, post, or share on or through the Site, content, including without limitation information, website links, opinions, photos, profiles, graphics, videos, and audio clips (“User Content”). For example, the Aurora Backcountry Pass allows you to upload your photographs to the Aurora Backcountry App for posting and sharing through your Aurora Backcountry Pass account.

By posting any User Content on the Site, you expressly grant, and represent and warrant that you have the right to grant, to Aurora Backcountry a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works, and sublicense your User Content in any manner or through any media now known or later developed without any payment to you.  

Aurora Backcountry may choose, in its sole discretion, to pre-screen, edit, refuse, move or remove any User Content posted to the sites. You agree that exercise of that discretion by Aurora Backcountry does not convert the User Content into Aurora Backcountry Content.

Conduct

You agree to not use the Sites to:

(a) upload, post, e-mail or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

(b)  engage in or facilitate harassing conduct aimed at any other person or entity;

(c)  harm minors in any way; 

(d)  impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 

(e)  forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sites; 

(f)  upload, post, e-mail or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

(g) upload, post, e-mail or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

(h) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 

(i) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

(j) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; 

(k) violate any applicable local, state, national or international law, and any regulations having the force of law. 

Special Considerations Related to The Aurora Backcountry Pass

Aurora Backcountry provides the option for you to share your experiences at our resorts with others through your Aurora Backcountry Pass account and the Aurora Backcountry Pass mobile application. If you open an Aurora Backcountry Pass account, you understand that Aurora Backcountry will collect and maintain information related to your use of your Aurora Backcountry Pass in our operating areas. Aurora Backcountry publishes that information to your Aurora Backcountry Pass account in order to provide the Aurora Backcountry Pass service to you.  If you agree to have your picture taken by one of our professional guides, we may upload the photographs to the Aurora Backcountry Pass and also, collect and publish other User Content, such as your personal photographs, that you submit in connection with your Aurora Backcountry Pass account.

The Aurora Backcountry Pass allows you to share content through various platforms, websites, and mobile applications, including Facebook and Instagram. You understand that Aurora Backcountry does not control what information gets published to those sites or who has access to that information. Those sites are managed by third parties and governed by the term of use and privacy policies published on those sites. 

The Aurora Backcountry Pass allows you to upload and share photographs and tag or identify other Aurora Backcountry Pass users in a photograph. You agree not to tag users without their consent. You agree not to post a photograph of a minor child or tag a minor child in a photograph without the consent of that child’s parent or guardian. If a user requests that you remove a photo containing their image or delete a tag, you will do so immediately.  Aurora Backcountry reserves the right to remove photographs or tags at its discretion.

You understand that when you publish User Content to The Aurora Backcountry Pass using the “public” setting (including posting photographs), it means you are allowing anyone to access and use that User Content.

You understand that The Aurora Backcountry Pass allows you to manage who can see User Content and other information in your Aurora Backcountry Pass account. To learn more about managing your Aurora Backcountry Pass account settings, visit our Aurora backcountry Pass website and click FAQ.

Copyright Infringement Complaints

Aurora Backcountry respects the intellectual property of others, and we ask our users to do the same. If you believe that content on the Sites infringes your work, or the work of a third party for whom you are authorized to act, please send a notice of the alleged infringement to Aurora Backcountry’ copyright agent including all of the following information, pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”):

• An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner; 
• A description of the work that you claim has been infringed, including the URL, website location, or other identifying characteristics; 
• Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner); 
• A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law; 
• A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.

Please send the notice of alleged infringement by any of the following:
 

Attn: Copyright Agent

Head Office
Aurora Backcountry

2a Canyon Road
Canmore
Alberta
T1W1G3

 

AURORA BACKCOUNTRY TERMS OF USE FOR USER GENERATED CONTENT

1567235 Alberta Ltd and its subsidiaries and affiliates (together, “Aurora Backcountry”) reaches out to social media users to seek their permission to feature our favorite content on our various websites, social channels, and other Aurora Backcountry marketing and advertising media (collectively, the “Sites”), and other advertising outlets including paid advertising. You are reading this because Aurora Backcountry has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (such as photos, text, graphics, audio, or video), including your name, profile information and location information associated with such content (collectively, “User Content”) by replying to Aurora Backcountry’s request with the hashtag #Notracksnopeople, you agree to these Terms of Use and to Aurora Backcountry’ Online Privacy Policy

In addition, to the extent your User Content is displayed on the Sites you will also be subject to the Terms of Use for the Sites located at snow.com/footer/terms-and-conditions.aspx. If you do not agree to all of the terms of these Terms of Use, please do not submit User Content in response to a Request. Aurora Backcountry reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission to Aurora Backcountry to feature your User Content.

Prohibited Content

Aurora Backcountry’ policy is that it does not accept any User Content that is libelous, defamatory, harassing, threatening, bigoted, racist, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. You agree and represent and warrant that the User Content complies with this policy.

Age of Majority

By submitting your User Content, you confirm that you are at least the age of your majority in your state of residence. Ownership

You agree and represent and warrant that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights, and publicity rights (with respect to any person) contained in the User Content, without the need for payment to any other person or entity, to use and exploit, and to authorize Aurora Backcountry to use and exploit your User Content in all manners contemplated by these Terms of Use. You further agree to indemnify and hold Aurora Backcountry harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of you User Content resulting from a breach of these Terms of Use.

License

You retain ownership of any User Content you submit to Aurora Backcountry in response to a Request and grant to Aurora Backcountry and its respective agents, licensees, sublicensees, contractors, successors, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit any User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Aurora Backcountry services or goods and on the Sites, any Aurora Backcountry Properties, third-party websites, social media pages, paid advertising in any medium (including broadcast), services, applications, and/or platforms), in any number of a copies and without limit as to time, manner, and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity.

Unsolicited Ideas Policy

Aurora Backcountry does not accept or consider unsolicited creative ideas, suggestions or materials. In connection with any User Content you submit to Aurora Backcountry – whether or not solicited by Aurora Backcountry -- you agree that any creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Aurora Backcountry in any way, and that you have no expectation of review, compensation or consideration of any type. This policy applies without limitation to any User Content you submit in response to a Request.

Miscellaneous

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason without the prior written consent of Aurora Backcountry. These Terms of Use are governed by and interpreted in accordance with Canadian Law. Exclusive jurisdiction and venue for any legal proceedings related to these Terms of Use shall be in the Provincial and federal courts located in Calgary, Alberta. If we fail to enforce any provision of these Terms of Use, it will not be considered a waiver of our rights. If any portion of these Terms of Use is to be unenforceable, then the remaining clauses and provisions will remain in full force and effect. These Terms of Use, including Aurora Backcountry’ Online Privacy Policy and the Terms of Use for the Sites constitute the entire agreement between you and Aurora Backcountry regarding your submission of User Content, superseding any prior agreements between you and Aurora Backcountry with regard to your submission of User Content. All of Aurora Backcountry’ rights and obligations under these Terms of Use are freely assignable by Aurora Backcountry in connection with a merger, acquisition, or sale of assets.

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