Terms of Service | The Big Magoo - The Site for Ski and Snowboard Enthusiasts

The Big Magoo

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Last Updated on May 20th, 2009

1. Definitions.

By "Baldy Beanbag Site" and "Site" we mean the features, content and services we make available, including through any of our websites, such as www.TheBigMagoo.com, and any other Baldy Beanbag branded or co-branded websites (including sub-domains, international versions, and mobile versions), now existing or later developed.
By "us," "we" and "our" we mean Baldy Beanbag, Inc. and/or its affiliates.
By "user," "you" and "your” we mean anyone who accesses, browses, crawls, scrapes, or in any way uses the Baldy Beanbag Site.
By "Content" we mean text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or using, the Site, such as the resort ratings, want ads, group trips, videos, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Baldy Beanbag Site. Your Content does not include the information that you submit in order to create an account on the Site.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

2. Your Acceptance.

By accessing, browsing, crawling, scraping or in any way using the Site, you signify your agreement to these terms and conditions (the "Terms of Service"), our privacy policy (the "Privacy Policy"), and all other guidelines or policies referenced herein. If you do not agree to any of these terms, our privacy policy, or the other guidelines or policies referenced herein, please do not use the Baldy Beanbag Site.

3. Changes to the Terms of Service.

The Terms of Service may be modified by Baldy Beanbag at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon Baldy Beanbag's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.

4. User Accounts.

In order to access some features of the Baldy Beanbag Site, you will have to register an account. You may never use another's account without permission. When registering your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify Baldy Beanbag immediately of any breach of security or unauthorized use of your account.

Although Baldy Beanbag will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Baldy Beanbag or others due to such unauthorized use.

5. Use of the Site.

Subject to the restrictions in these Terms of Service, Baldy Beanbag grants you permission to use the Site, including the ability to: (a) search and display resort description and reviews, (b) read online magazine articles, (c) post want ads and local events, (d) organize and join group trips, (e) upload videos, (f) upload and share photos, (g) rate resorts, (h) send messages to other Users, and (i) invite people you know to register with the Baldy Beanbag Site.

You will be exposed to User Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Baldy Beanbag does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.

6. Restrictions on Use.

You agree that you will not:

use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
use the Site to transmit or post spam, chain letters, contests, junk messages, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
use the Site for promotional or commercial purposes, except as expressly permitted by Baldy Beanbag;
use any form of automated device or computer program that enables the submission of content to the Baldy Beanbag Sites without each content submission being manually entered by the author thereof;
create want ads or group trips that are false, deceptive, misleading, deceitful, misinformative, or illegal;
use the Site for keyword spamming or to otherwise attempt to manipulate search results;
use the Site to promote bigotry or discrimination against protected classes;
use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
use the Site to transmit or post pornography or illegal content;
use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
use the Site in violation of the Terms of Service or any applicable law;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Baldy Beanbag;
imply or state, directly or indirectly, that you are affiliated with or endorsed by Baldy Beanbag unless you have entered in to a written agreement with Baldy Beanbag;
reverse engineer any portion of the Site, except as may be permitted under the law;
remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
record, process, or mine information about other users;
reformat or frame any portion of the Site;
take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Baldy Beanbag's technology infrastructure;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Site except for publicly available search engines which are freely available and provide attribution and hypertext links back to the Site;
attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands;
use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content;
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

7. Permission to Use Your Content.

You grant Baldy Beanbag the irrevocable right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms ("Other Media").
You grant the Site's users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Site and any Other Media.
By connecting your Facebook account to your Baldy Beanbag account, you give permission to Baldy Beanbag to access and use data within your Facebook account, as specified in Facebook’s Platform Guidelines.
By uploading any video to Baldy Beanbag’s YouTube account, you give a perpetual license to Baldy Beanbag to use the video as we see fit. You agree to allow Baldy Beanbag to use the uploaded video even if you terminate your account on the Baldy Beanbag Site. If you do not wish to grant this license, you should upload the video to your personal YouTube account instead of the Baldy Beanbag YouTube account. Please review YouTube’s Terms of Service for clarification.
You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

8. Responsibility for Your Content.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Baldy Beanbag.
Because you alone are responsible for Your Content (and not Baldy Beanbag), you may expose yourself to liability if, for example, Your Content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

9. Use of Content.

Baldy Beanbag may or may not use Your Content in its sole discretion. For example, we may choose not to publish Your Content if we believe it violates the Terms of Service. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Baldy Beanbag and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

10. Proprietary Marks.

“The Big Magoo”, “Baldy Beanbag” and the “The Big Magoo” logo are proprietary service marks of Baldy Beanbag Inc. You agree that you will not infringe or use any of Baldy Beanbag's brand, logos, service marks and/or trademarks without authorization.

11. Site Availability.

Baldy Beanbag reserves the right (but is under no obligation) to modify, update, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability.

12. Unauthorized Access.

Baldy Beanbag reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

13. Investigations.

Baldy Beanbag is under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block users from the Site, and refer matters to law enforcement authorities for further investigation. Baldy Beanbag may disclose information to third parties, including Your Content, in accordance with its Privacy Policy.

14. No commercial reuse.

You agree not to reproduce, duplicate, license, copy, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Baldy Beanbag Site (including content, advertisements, software and intellectual property).

15. Digital Millennium Copyright Act.

Baldy Beanbag has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Baldy Beanbag's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

It is Baldy Beanbag's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by Baldy Beanbag to be "repeat infringers".

1. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the designated address below detailing the alleged infringement. Your written notification must include:

Identification of the copyrighted work that you claim has been infringed;

Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Baldy Beanbag to locate such Content;

A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Please note that Baldy Beanbag may, at its sole discretion, send a copy of such notices to third parties for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright.

2. Procedure to Supply a Counter-Notice. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice including the following:

Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;

A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;

A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Baldy Beanbag is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and

Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

3. Designated Address. Please contact the Designated Agent at the following address:

Terry Stokes
Baldy Beanbag Inc.
9200 Redmond Woodinville Road, #D323
Redmond, WA 98052
Email to:
Web Message: contact us

16. Warranty Disclaimer

THIS SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOU AGREE THAT YOUR USE OF THE BALBY BEANBAG SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BALBY BEANBAG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF. BALBY BEANBAG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BALBY BEANBAG SITES.

BALBY BEANBAG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BALBY BEANBAG SITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BALBY BEANBAG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17. Limitation of Liability.

IN NO EVENT SHALL BALBY BEANBAG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BALBY BEANBAG SITES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BALBY BEANBAG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Baldy Beanbag from its facilities in the United States of America. Baldy Beanbag makes no representations that the Baldy Beanbag Sites are appropriate or available for use in other locations. Those who access or use the Baldy Beanbag Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

18. Indemnity.

You agree to defend, indemnify and hold harmless Baldy Beanbag, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Baldy Beanbag Sites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

Baldy Beanbag reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Baldy Beanbag. This defense and indemnification obligation will survive these Terms of Service and your use of the Baldy Beanbag Sites.

19. Third Parties.

Baldy Beanbag partners with several Third Party Sites to provide content and services of interest to users, such as the gear store and the travel site. Baldy Beanbag does not control or endorse any Third Party Site, and you agree that Baldy Beanbag is not responsible for the availability or contents of such Third Party Sites. Furthermore, you agree to abide by any Privacy Policies and Terms of Service agreements provided by Third Party Sites in the event you use any content or services supplied by the Third Party Sites.

20. Applicable Law.

The laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Baldy Beanbag or any of our affiliates related to the subject matter hereof. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Washington located in King County, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Washington located in King County.

21. Ability to Accept Terms of Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Baldy Beanbag Sites are not intended for children under 13. If you are under 13 years of age, then please do not use the Baldy Beanbag Sites.

22. Assignment.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Baldy Beanbag without restriction.

23. Termination.

Baldy Beanbag may terminate or suspend your account or ability to use the Site, in whole or in part, at Baldy Beanbag‘s sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, your User Content, Content, or any other related information.

You can also close your account by disconnecting the Baldy Beanbag Site from your Facebook account at any time. If you close your Baldy Beanbag account, we will remove your name and other personally identifiable information from our database, as governed by Facebook’s Platform Guidelines. You agree to allow us to retain any data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. You also agree to allow us to retain submissions by you, such as videos or messages, for use by the Baldy Beanbag website community after closing your account.

24. Survivability.

In the event of any termination, whether by you or us, Sections 1, 7, 8, 9, 13, 14, 15, 16, 17, 18, 20, 22, 23 and 24 of the Terms of Service will continue in full force and effect, including Baldy Beanbage's rights with respect to Your Content, as detailed in Section 7.