IMPORTANT! READ CAREFULLY: THESE TERMS OF SERVICE ("SUBSCRIBER AGREEMENT" OR "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU AND THE LITTLE NELL (COLLECTIVELY, "The Little Nell "). PRIOR TO ACCESSING THIS SERVICE, YOU MUST INDICATE YOUR ACCEPTANCE BY CLICKING THE "AGREE" BUTTON AT THE END OF THE AGREEMENT. BY USING THIS SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, INCLUDING ALL AMENDMENTS.
The Little Nell provides photo information via its The Little Nell Subscription Service (the "Service"). By completing the registration process, clicking the "AGREE" button, and using the Service, you agree to be bound by all of the terms in this Subscriber Agreement at any time. The Little Nell may change the terms in this Subscriber Agreement.
Privacy of Information
Copyright and Limitations on Use
Only one individual may access the Service at the same time using the same user name or password, unless agreed otherwise by The Little Nell. The content available through the Service is the property of The Little Nell and is protected by copyright and other intellectual property laws. Content received through the Service may be used and viewed for your limited commercial use only. You agree to use the Service in a manner that complies with all applicable laws. You agree not to copy, deep link, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Service to anyone, including but not limited to others in the same company or organization, without the express prior written consent of The Little Nell . You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in the Service. In addition to any other remedies available in equity or law to The Little Nell, failure to comply with any of the terms and conditions in this Subscriber Agreement shall immediately terminate this Agreement and your ability to use the Service.
Disclaimer of Warranties and Liability
Due to the number of sources from which content in the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Service. NEITHER The Little Nell, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT SUPPLIERS OR LICENSORS (FOR PURPOSES OF THIS PARAGRAPH ONLY, "The Little Nell ") WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SERVICE. The Little Nell SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH ITS WEBSITES. IN NO EVENT WILL The Little Nell, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SERVICE. The Little Nell SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF The Little Nell, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, INFRINGEMENT, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Subscriber agrees to defend, indemnify and hold harmless The Little Nell, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by Subscriber.
The Little Nell logos are trademarks of Aspen Ski Corporation, or its affiliates. All rights reserved. All other trademarks appearing on Service are the property of their respective owners.
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify The Little Nell immediately of any unauthorized account use. Neither The Little Nell nor Aspen Ski Corporation is in any way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password. You may not use the Service for any unlawful purpose or for any purpose other than as expressly authorized herein. The Little Nell may refuse to grant you a user name for any reason, including that it impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined solely by The Little Nell. The Little Nell may discontinue, terminate or change the Service, or its availability to you, at any time. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of The Little Nell. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of Colorado if the Agreement was a contract wholly entered into and wholly performed within State of Colorado.
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