Terms of Use
Introduction
Welcome to Burton Community. By using Burton Community (collectively, including all content and functionality and service available through the Burton.com domain name, and any technology, applications or services that are provided to users, the "Burton Community Service" or "Site" or “Burton�?), you are subject to (1) these Terms of Use ("Terms of Use"), (2) Burton Community's privacy policy ("Privacy Policy", which can be found at http://www.Burton.com/RiderServices/TermsandConditions.aspx), and (3) any and all posted rules, guidelines and directions found throughout the Burton Community Service.
PLEASE READ THESE TERMS OF USE CAREFULLY. IN ORDER TO USE THIS SITE YOU MUST SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. If you do not or cannot agree to these Terms of Use, the Privacy Policy or any other rules, guidelines and directions found throughout the site, you may not use the Burton Community Service. In its sole discretion, Burton may modify or revise the Terms of Use, Privacy Policy or any other posted rules, guidelines and directions at any time without notice, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
1. The Burton Community Service
These Terms of Use apply to all users of the Burton Community Service, including users who are viewers of material on the Site and users who contribute any form of media ("Burton Community Publishers"). The Site enables Burton Community Publishers to make content available to other users, including, without limitation, comments, communications, music, animation, text, video, graphics, images, audio and video (collectively, "User Content"). As a Burton Community Publisher, you retain all of your rights to the User Content that you upload. You shall be solely responsible for your own User Content and the consequences of posting or publishing such User Content on the Burton Community Service.
In connection with User Content that you make available on the Burton Community Service, you expressly represent and warrant that you own or have the necessary licenses, rights, authority, consents, and permissions to use and authorize Burton to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content as part of the Burton Community Service under these Terms of Use. By submitting, posting, uploading, emailing or otherwise providing User Content to Burton Community, you hereby grant (or warrant that the owner of such rights has expressly granted) Burton a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Content in connection with the Burton Community Service, including without limitation for promoting and redistributing part or all of the Burton Community Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Content you submit have been waived. You also hereby grant each user of the Burton Community Service a non-exclusive license to access your User Content through the Burton Community Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Burton Community Service and under these Terms of Use.
The Site may contain links to third-party websites that are not owned or controlled by the Burton Community Service. Burton has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Burton will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Burton from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Burton Community Service and to read the terms and conditions and privacy policy of each other website that you visit.
2. Registration
You do not have to register to use the Burton Community Service. However, in order to become a Burton Community Publisher, you must register, even if you only wish to leave a comment and not upload material. To register, you must create a user account, which includes a user name and password. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another's Burton Community account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Burton immediately of any breach of security or unauthorized use of your account. Although Burton will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Burton Community or others due to such unauthorized use.
Burton reserves the right to refuse registration or cancel a Burton Community user account in its sole discretion.
3. Content
Content on the Burton Community Service is meant for all audiences. You understand that you will be exposed to User Content from a variety of Burton Community Publishers and that Burton is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Burton with respect thereto, and agree to defend, indemnify and hold harmless Burton , its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the Burton Community Service.
4. Use
Burton grants you permission to use the Burton Community Service subject to these Terms of Use. As a condition of use, you agree not to use the Site for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Burton Community Service is expressly prohibited.
As further conditions to use, solely by way of example and without limitation, you agree not to take any action, upload, download, post, submit or otherwise distribute or facilitate the distribution of User Content using the Burton Community Service or any third-party service that (1) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (2) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (3) misrepresents the source or identity of any content; or (4) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation, or phishing; or (5) 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 or other information of Burton or any third party; or (6) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Burton; or (7) constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, illicit substances, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause Burton to violate any applicable law or regulation.
You agree not to use the Burton Community Service for any commercial use whatsoever or to solicit any users of the Site, without the prior written consent from Burton. You agree not to alter or modify the Site in any way without Burton’s prior written consent. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Burton Community Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Burton Community grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the User Content, but not caches or archives of such materials. Burton reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.
Burton does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Burton expressly disclaims any and all liability in connection with User Content. Burton does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Burton will remove all User Content and any other material if properly notified that such User Content or other material infringes on another's intellectual property rights. Burton reserves the right to remove User Content and other material without notice.
Burton reserves the right to discontinue the Burton Community Service at any time for any reason or for no reason and without notice.
5. Burton Community Ownership
The content on the Burton Community Service, except all User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Burton Community Content") and the trademarks, service marks and logos contained therein ("Burton Marks"), are owned by or licensed to Burton, subject to copyright and other intellectual property rights under the law. Burton Community Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Burton reserves all rights not expressly granted in and to the Site and the Burton Community Content.
6. Copyright Policy
Burton has a zero tolerance policy for infringement on another's copyrights and other intellectual property rights. It is Burton's policy to expeditiously remove content that it believes may contain material that infringes upon the copyrights or other intellectual property rights of third parties and to terminate the accounts of all Burton Community Publishers who are repeat offenders of Burton Community's copyright policies and these Terms of Use. We have a two strike policy for copyright infringement: the first time you post copyrighted material, you will receive a warning. We recommend not trying it a second time or your account will be terminated. We retain, in our sole discretion, the right to review individual instances on a case by case basis prior to termination of accounts.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"), Burton has established robust standards regarding copyright infringement. Burton's Designated Agent to Receive Notification of Claimed Infringement ("Copyright Agent") can be contacted at the following:
The Burton Corporation
Attention: Copyright Agent
80 Industrial Parkway
Burlington, VT 05401
Only DMCA notices should be sent to the Copyright Agent. All requests for technical support should be directed to Burton Community's support team. All other feedback, comments, and other communications should be directed here.
Procedure for reporting Copyright Infringements:
If you believe that User Content or other material residing on or accessible through the Burton Community Service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Copyright Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Burton 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 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 authorized to make the complaint on behalf of the copyright owner.
Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Burton otherwise comes to believe in good faith that User Content on the Burton Community Service may contain material that infringes copyright, it is Burton Community's policy to (1) remove or disable access to the User Content or other material identified in the notice of claimed infringement; (2) notify the Burton Community Publisher or user that it has removed or disabled access to the content; and (3) terminate any Burton Community Publisher that has uploaded or posted User Content that violates this Copyright Policy and/or these Terms of Use in more than one instance.
Procedure to Supply a Counter-Notice to the Designated Agent:
If you, as the Burton Community Publisher or user believes that the content that was removed or to which access was disabled is not infringing, or the Burton Community Publisher 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 Burton Community Publisher or user may send a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the Burton Community Publisher or user;
- Identification of the user Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that the Burton Community Publisher or user has a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- Burton Community Publisher'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 Burton Community Publisher's or user's address is located, or if the Burton Community Publisher's or user's address is located outside the United States, for any judicial district in which Burton 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, Burton may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Burton Community Publisher or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Burton’s discretion.
7. Termination of Account
Burton may terminate your access to all or any part of the Burton Community Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Burton Community Service at any time, provided that all provisions of these Terms of Use, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Burton will terminate your access to the Site if you are determined to be, in Burton's sole discretion, a repeat infringer of the Copyright Policy and/or these Terms of Use. You may be given one warning if you have violated these Terms of Use prior to termination of your account.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BURTON COMMUNITY SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BURTON , ITS , SUBSIDIARIES, BRANDS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. BURTON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 BURTON COMMUNITY SERVICE. BURTON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BURTON COMMUNITY SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BURTON 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.
9. Limitation of Liability
IN NO EVENT SHALL BURTON OR ITS AFFILIATES, SUBSIDIARIES, BRANDS, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE BURTON COMMUNITY SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE BURTON COMMUNITY SERVICE (INCLUDING BUT NOT LIMITED TO, BURTON COMMUNITY CONTENT AND BURTON COMMUNITY MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF BURTON COMMUNITY OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BURTON ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL USER CONTENT, VIDEOS, IMAGES, GRAPHICS, AND OTHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE BURTON COMMUNITY SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE BURTON COMMUNITY SERVERS OR ITS THIRD PARTY SERVER PARTNERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE BURTON COMMUNITY SERVICE OR ANY CONTENT, WITHOUT LIMITATION, ANY AND ALL USER CONTENT, VIDEOS, IMAGES, GRAPHICS, AND OTHER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE BURTON COMMUNITY SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT BURTON SHALL NOT BE LIABLE FOR USER CONTENT 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 SITE IS CONTROLLED AND OFFERED BY BURTON FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BURTON MAKES NO REPRESENTATIONS THAT THE BURTON COMMUNITY SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE BURTON COMMUNITY SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, BURTON AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Indemnification
You agree to defend, indemnify and hold harmless Burton and its affiliates, brands, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "Burton Community Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (1) your use of and access to the Burton Community Service; (2) your violation of any term of these Terms of Use; (3) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (4) any claim that any of User Content you upload and publish on the Burton Community Service caused damage to a third party; or (5) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or any and all expenses resulting from the foregoing to both a third party and to the Burton Community Indemnitees. Burton shall have the right, in its sole discretion, to select its own legal counsel to defend the Burton Community Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Burton Community Indemnitees in connection therewith. You shall not, without the prior express written approval of Burton, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Burton Community Indemnitee. This defense and indemnification obligation will survive these Terms of Use and your use of the Burton Community Service.
11. Ability to Accept
The Burton Community Service is available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms of Use. IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OR REGISTER FOR THE BURTON COMMUNITY SERVICE.
12. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Burton without restriction.
13. Right to Modify
Burton shall have the right to modify these Terms of Use, the Privacy Policy or other rules, guidelines and directions at any time, which modification shall be effective immediately following Burton Community's posting of such change on the Site. We recommend that you check the Site regularly for any such changes. Your use of the Burton Community Service following such posting shall be deemed to constitute your acceptance of such modification. These Terms of Use may not otherwise be changed or modified, except in a writing signed by an authorized representative of Burton.
14. Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in the State of Vermont for any claim or action arising out of or relating to these Terms of Use or your use of the Burton Community Service. You agree that: the Burton Community Service shall be deemed to be solely based in the State of Vermont; the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Burton, either specific or general, in jurisdictions other than the State of Vermont; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BURTON COMMUNITY SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE IT IS PERMANENTLY BARRED. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
Last updated August 2009