This article defines the terms and conditions for the provision of services on www.onthesnow.com, hereinafter referred to as “the Service” and the conditions of use of the Service by the User.
Any access to and/or use of the site www.onthesnow.com implies acceptance of and compliance with all the terms of these conditions and their unconditional acceptance. They, therefore, constitute a “contract” between the Service and the User.
In the event that a User does not wish to accept all or part of these Terms and Conditions, he/she is requested to renounce any use of the Service.
1. Legal Notice
The www.onthesnow.com website is published by:
Mountain News LLC
101 Santa Cruz Avenue #37
Los Gatos, CA
95031, USA
VAT ID: US85-3300684
Phone: +1 408-444-9001
Publishing Director, legally responsible, is Chad Dyer, COO / Global Managing Director
Editorial Manager is Ryan Belmore, Senior Editor – North America, OnTheSnow (belmore@mountainnews.com)
OnTheSnow is a MountainNews Group Company
Mountain News LLC
101 Santa Cruz Avenue #37
Los Gatos, CA
95031, USA
2. Definitions
► User: The User is any person who uses the Site or any of the services offered on the Site.
► User Content: The term “User Content” refers to the data transmitted by the User in the various sections of the Site.
► Member: The term “Member” refers to a User identified on the Site.
► Identifier: The term “Identifier” covers the information necessary to identify a User on the Site to access members-only areas.
► Password: The “Password” is confidential information, which the User must keep secret, allowing them, used in conjunction with their Identifier, to prove identity.
3. Access to the service
The Service is accessible free of charge to any User with Internet access. All costs related to accessing the Service, whether hardware, software, or Internet access costs, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment and their access to the Internet.
Certain sections of the site are reserved for Members after identification using their User ID and Password.
OnTheSnow reserves the right to refuse access to the Service, unilaterally and without prior notice, to any User who does not comply with these Terms of Use.
OnTheSnow uses reasonable efforts to provide quality access to the Service but is under no obligation to do so.
OnTheSnow shall not be liable for any failure of the network or servers or any other event beyond reasonable control that prevents or degrades access to the Service.
OnTheSnow reserves the right to interrupt, temporarily suspend or modify without notice
OnTheSnow reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.
4. Intellectual property
The use of this service is reserved for strictly personal use. Any reproduction or representation, in whole or in part, for other purposes on any medium, is prohibited. The non-respect of this prohibition constitutes a counterfeit that can engage the civil and penal liability of the counterfeiter.
Official mentions concerning the copyrights appear on the present site. All rights reserved. International copyright laws protect all images, text, programs, and other materials on this site (hereinafter “Site Elements”). Any commercial use of any of the Site Elements is prohibited unless expressly authorized in writing by OnTheSnow. You agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this site, and you acknowledge that you do not acquire any ownership rights by using this site or the Site Elements.
The User is solely responsible for the User Content that he/she puts online via the Service, as well as the texts and/or opinions that he/she formulates. He/she commits himself/herself to ensuring that this data is not likely to harm the legitimate interests of any third party. As such, he/she guarantees OnTheSnow against any recourse, based directly or indirectly on these words and/or data, which may be brought by anyone against OnTheSnow. In particular, the User agrees to pay any amount resulting from a third party’s claim against OnTheSnow, including legal fees and court costs.
OnTheSnow reserves the right to delete all or part of the User Content, at any time and for any reason, without prior notice or justification. The User will not be able to make any claim in this respect.
5. Personal data
With respect for the privacy of its Users, OnTheSnow acknowledges that the collection and processing of personal information, carried out within this site, are made in accordance with applicable legislation and GDPR.
For more information on data protection, read the Privacy Policy.
6. Submission of reviews and other content
It is our policy to carefully review each Resort Review and First Hand Report (“Review”) posted on OnTheSnow to ensure appropriate language and content. Any review containing obscene, threatening, or potentially defamatory language must be removed.
Reviews will also be removed if they contain:
– Commercial web addresses or email addresses that are self-promoting.
– Truncated, hard-to-understand one- or two-word reviews (e.g., “Vail sucks!!” or “Chamonix is cool!!”).
– Transgressions of accepted Web etiquette. (e.g., ALL CAPS, etc.).
– Repeated words. Multiple posts will be deleted.
– Lack of relevance to the domain, restaurant, or location.
– Hate speech or off-topic political agenda.
– Unsubstantiated allegations of safety issues of any kind.
OnTheSnow aims to build a premier community of member submitted travel content. You, the member, are the best resource for real-life travel experiences. You understand that all reviews, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials, as such term is hereinafter defined (collectively, “Web-site Content”) appearing on the Web-site or submitted to the Web-site is the responsibility of the person or entity originating such Web-site Content, and OnTheSnow disclaims any liability with respect to such Web-site Content (see Section 14 Disclaimer below). By submitting reviews, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages or other materials to the Web-site (“User Content”), you warrant that: (a) you are the owner of such User Content, or have been granted all the rights necessary from the owner thereof to submit such User Content to the Web-site and for the use by OnTheSnow as stated herein, and (b) the use of such User Content by OnTheSnow will not infringe the intellectual property rights of or otherwise violate the rights of any third party.
By submitting User Content to the Web-site: (a) you automatically grant to OnTheSnow (or warrant that the owner thereof has granted to OnTheSnow), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any such User Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (ii) you agree that you will not publish, submit, or display such User Content to or on any other commercial travel-related web-site or on-line service without OnTheSnow’s prior written consent, which consent may be withheld by OnTheSnow in its discretion. Consent may be requested by sending an e-mail to privacy@mountainnews.com.
You understand that OnTheSnow will have the right (but under no circumstances will OnTheSnow have any obligation) to screen, edit, refuse to post or remove any User Content, in whole or in part, from any portion of the Web-site, in its sole discretion, including, but not limited to, User Content that violates these T&Cs or is otherwise objectionable. OnTheSnow reserves the right to disclose any Member Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Web-site.
7. Limits of responsibility
The OnTheSnow.com website is a tourist information website about ski resorts and in particular about their snow conditions.
The information published on the OnTheSnow.com website comes from sources considered reliable (tourist offices, ski slopes services, regional tourist committees, etc.). However, OnTheSnow cannot guarantee the accuracy or relevance of this data. In addition, the information provided on this site is for information purposes only and does not constitute advice or a recommendation of any kind.
Consequently, OnTheSnow cannot be held responsible for the use of the information and content available on the site in any way whatsoever. The User is solely responsible for the proper use, with discernment and spirit, of the information made available on the Site.
In addition, the User agrees to indemnify OnTheSnow for any damages directly or indirectly related to the use of the Service.
Access to certain sections of the OnTheSnow.com website requires the use of a User ID and a Password. The Password, chosen by the User, is personal and confidential. The User agrees to keep his password secret and not to disclose it in any form whatsoever. The use of the User ID and Password on the Internet is at the User’s own risk. It is the User’s responsibility to take all necessary measures to protect his own data against any attack.
OnTheSnow commits itself to putting in place all the necessary means to guarantee the security and confidentiality of the transmitted data. The User is informed that one or more cookies, containing no personal information, may be placed on his hard drive to ensure his identification.
The User acknowledges that he/she is aware of the limitations and constraints of the Internet and, as such, recognizes the impossibility of a total guarantee of the security of data exchanges. OnTheSnow will not be held responsible for any damages resulting from the transmission of any information, including the transmission of the User’s login and/or password, via the Service.
OnTheSnow shall in no event, to the extent permitted by applicable law, be liable for any direct or indirect, incidental or consequential damages of any kind resulting from the unavailability of the Service or from any Use of the Service. The term “Use” must be understood in the broad sense, i.e. any use of the site whatsoever, legal or not.
The User agrees, in general, to comply with all regulations in force in the United States and Canada.
8. Hypertext links
The OnTheSnow.com website contains hypertext links to websites published and/or managed by third parties.
Insofar as no control is exercised over these external resources, the User acknowledges that OnTheSnow assumes no responsibility for the availability of these resources, and can not be held responsible for their content.
9. Force majeure
OnTheSnow cannot be held responsible in case of force majeure or facts beyond its control.
10. Evolution of this contract
OnTheSnow reserves the right to modify the terms, conditions, and mentions of this contract at any time.
The User is advised to regularly consult the latest version of the Terms of Use available on the website www.onthesnow.com.
11. Duration and termination
This contract is concluded for an indefinite period of time from the time the User uses the Service.
12. Applicable law and jurisdiction
The rules of law applicable to the contents and data transmissions on and around the site are determined by United States and Canadian law. In the event of a dispute, which could not be settled amicably, only the United States and Canadian courts within the jurisdiction shall have jurisdiction.
13. Deals/promotions and snow report
The tourist offices of the resorts listed on OnTheSnow have the possibility to publish on this website their tourist offers (in the form of all-inclusive stays or accommodation proposals) as well as their snow reports. These tourism professionals remain solely and exclusively responsible for the legality, veracity, completeness, and updating of information relating to their products (prices, equipment, descriptive elements…) and their snow coverage (height and quality of snow, weather, temperatures, winds…). OnTheSnow cannot be held responsible for this.
Terms & Conditions updated: March 28, 2022