SKI-PIC TERMS OF USE

  1. General Remarks

 

  1. Ski-Pic Italy Srl(hereinafter also referred to as “we”) provides high quality in-action photos using an unique geolocalisation-based system for automatic photography and matching to registered skiers& snowboarders.

 

  1. Access and use of Ski-Pic website (https://ski-pic.com/), Ski-Pic app (available on Apple Store and Android Market) and the relevant services provided therewith (Ski-Pic website, Ski-Pic app and all the relevant services provided therewith by Ski-Pic Italy Srl, including Ski-Pic account, will be collectively referred to as “Ski-Pic”) is subject to these terms and conditions (“Terms of Use”) and to Ski-Pic Privacy Policy.

 

  1. Please read these Terms of Use carefully as soon as you access Ski-Pic and, in any case, before using Ski-Pic. If you access to Ski-Pic and create a Ski-Pic account, you will accept these Terms of Use and agree to the processing of your personal data in accordance to Ski-Pic Privacy Policy, which forms integral part of these Terms of Use. If you do not agree to these Terms of Use and/or to Ski-Pic Privacy Policy, you should not use Ski-Pic and the relevant services.

 

  1. Effectiveness of the Terms of Use

 

  1. By accessing and using Ski-Pic, you warrant and represent to us that you are legally entitled to do so and to make use of Ski-Pic and its contents and you acknowledge to be the sole responsible for your use of Ski-Pic, including Ski-Pic account, Ski-Pic passes and Ski-Pic photos; you also agree to use all the same in compliance with all applicable local laws and regulations, under your own sole responsibility.

 

  1. Any use of Ski-Pic(including Ski-Pic passes and Ski-Pic photos) in violation of these Terms of Use and/or of the applicable law is strictly prohibited and may subject you to liability for breach of contract and for breach of law, and cause immediate termination of your account and prohibition of further use of Ski-Pic.The failure or delay of Ski-Pic Italy Srlto require or enforce strict performance by you of any provision of these Terms of Use or its Privacy Policy, or the failure to exercise any right under them, shall not be construed as a waiver of the right to assert or rely upon any such provision or right in that or any other instance. Moreover, any express waiver by Ski-Pic Italy Srl of any provision, condition or requirement of these Terms of Use or its Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

  1. Other sites might be accessible from Ski-Pic: third party websites are not bound by these Terms of Use or by Ski-Pic’s Privacy Policy, therefore it is recommended that you read and understand carefully such third party’s terms and conditionsand privacy policies before visiting and using the relevant sites and services.

 

  1. Recognizing the global nature of the internet, you agree and accept that some minor features described in these Terms of Use (e.g. loggin in with your Facebook/Google account, or posting Ski-Pic photos on Ski-Pic public Facebook page) might not be available, or at least might not yet be available, in your Country. These Terms of Use and the Privacy Policy shall then be deemed as concerning only Ski-Pic features available in your Country.

 

  1. How It Works

 

  1. Thanks to Ski-Pic Italy Srl, you can purchase motion pictures of you skiing on ski slopes of our partner hosting resorts. A list of our hosting resorts is accessible here[LCA1]  (http://www.cervinia.it/, http://www.pila.it/, http://www.visitmonterosa.com/, http://www.lathuile.it/, http://www.latemar.it/): we keep on adding new hosting resorts, so check our list periodically to be sure to be updated.

Just follow these steps:

  • create a Ski-Pic account;

  • access the Ski-Pic app (it has to be working in the background);

  • put your mobile phone in your pocket (it is necessary that you take your phone with you while skiing);

  • search for our flags;

  • SMILE!

 

  1. Low resolution photos will be accessible in your Ski-Pic account (“Pick your Pic” button) within a few minutes (depending on 3G/4G/wifi connection): access your Ski-Pic account, view your Ski-Pic photos and choose the ones (if any) that you like and want to purchase.The high resolution pictures will be availible in Ski-Pic app a few minutes later (depending on 3G/4G/wifi connection).The download of Ski-Pic photos will consume data cellular package (unless you are using wi-fi): remeber that you are solely responsible for any fee incurred when using Ski-Pic (e.g. internet connection or mobile fees), such fees being not included in the purchase price of Ski-Pic photos.The photos purchased will be sent to your skipic in-app gallery

You are not allowed to download or copy, in any way, Ski-Pic photos for which you did not pay.

 

Purchases of Ski-Pic photos  are subject to the Purchasing Policy[LCA2] . The Purchasing Policy forms integral part of these Terms of Use.Please read carefully the Purchasing Policy before buying any Ski-Pic photo and/or any Ski-Pic pass: in case you do not agree with the Purchasing Policy, you shall not buy any Ski-Pic photo and/or Ski-Pic pass.

 

  1. Your photos will be accessible in your Ski-Pic account for 24 hours from the moment in which they have been uploaded: be sure to select the ones that you want in time, because at the expiry of such time period the photos will be permanently erased and we won’t be able to recover them.

A copy of downloaded Ski-Pic photos will be stored in our servers for 1 year as a back-up copy in case of your request of reissuance. No fee will be charged for reissuances of the same Ski-Pic photos.

 

  1. Ski-Pic Account

 

  1. To use Ski-Pic, you have to create an account by communicating your email and your mobile phone number and  submitting the 4 digit code sent to you by email & SMS massage; where applicable, you might also log-in through your Facebook or Google account. The creation of a Ski-Pic account is free of charge.

Your data are processed in accordance to Ski-Pic Privacy Policy.

 

  1. When you create a Ski-Pic account, you are confirming that you provided true, accurate, current and complete information about yourself, and you are committing yourself to keep your data updated. The creation of the Ski-Pic account will be confirmed through email.

 

  1. You are the only owner of the log-in credentials to your Ski-Pic account and, therefore, you are the only one responsible for the protection of the same: remember to keep your log-in credentials secret and confidential, at all times, since you are the sole responsible for anything that happens through your Ski-Pic account and your account’s use of Ski-Pic. You will be able to modify your log-in credentials at any time, accessing the relevant section of your Ski-Pic account.

 

  1. Children

 

  1. Children and people under the age of 18 are not entitled to use Ski-Pic and the relating services. By accessing Ski-Pic and creating a Ski-Pic account, you are granting under your own responsibility that you are adult (i.e. that you are at least 18 years old) or that you have been authorized thereto by your parents and/or by your legal supervisor.

If you believe that anyone under the age of 18 is using Ski-Pic without the prior consent of the child’s parents or legal supervisor, please contact us.

 

  1. Ski-Pic does not willingly shot photos of minors without their parents’/legal representatives’ consent; nevertheless, it might happen that children are accidentaly pictured in photos belonging to other Ski-Pic’s users. If you get any Ski-Pic photos which do picture minors, please contact us and refrain from using the same, in any way.

 

  1. Purchases

 

  1. Purchases of Ski-Pic photos  are subject to the Purchasing Policy[LCA3] . The Purchasing Policy forms integral part of these Terms of Use. Please read carefully the Purchasing Policy before buying any Ski-Pic photo  and/or any Ski-Pic pass: in case you do not agree with the Purchasing Policy, you shall not buy any Ski-Pic photo and/or Ski-Pic pass.

 

  1. Please note that the European Commission offers (ref. to art. 14 section 1 ODR-Regulation EU 524/2013) to online users a platform for the resolution of disputes, that can be accessed through this link: ttp://ec.europa.eu/consumers/odr/ .

 

  1. Ski-Pic App and Collection of Your Geographical Position

 

  1. To use Ski-Pic, you need to dowload the Ski-Pic app and keep it working in the background of your mobile phone; also remember to take your phone with you while skiing.

 

  1. We need to be aware of where you are skiing, to know (i) when to shot and (ii) which photos belong to you: and this is possible only by collecting your geographical position, thanks to your mobile phone.Be sure to consent that Ski-Pic has access and collects your geographical position, otherwise we won’t be able to take photos of you.

You can change your settings regarding geolocalisation at any time in your Ski-Pic account.

 

  1. It is your responsibility to provide all equipment and software necessary to connect to Ski-Pic, and this includes a suitable mobile device.

 

  1. Please remember that, when accessing and using Ski-Pic, you might incur in fees such as internet connection or other mobile fees: please remember that we have no control over such fees (if any) and that you are the sole responsible for the same fees, being the same not included in Ski-Pic pass and/or Ski-Pic photos purchase prices.

 

  1. Ski-Pic Photos

 

  1. Our cameras are signaled by blue flags: when you see one of our blue flags, be sure to smile!

 

REMEMBER TO BE CAREFUL: YOU HAVE TO TAKE CARE OF YOURSELF WHILE SKIING, DO NOT BE DISTRACTED BY OUR CAMERAS. WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY OCCURRED TO SKI-PIC USERS WHILE SKIING.

 

Our cameras are high-end high resolution high speed cameras,in order to catch your high speed movment in snow bright enviroment as sharp and clear as posible.

 

  1. We take all possible measures to avoid third parties to appear in your photos, but we cannot grant that this won’t happen because you are skiing in public slopes and we all cannot prevent anyone else to ski in the same place and time as you do.

 

  1. You commit yourself, under your own responsibility and expressly relieving Ski-Pic Italy Srl of any liability, including any third parties’ claims:

  • to use Ski-Pic and Ski-Pic photos only in a fair and lawful way;

  • to use Ski-Pic and Ski-Pic photos only for private purposes with the exception of commercial and profit aims;

  • to not share, modify, spread, public, communicate and/or broadcast, also on any of your social networks accounts (irrespectve of the private or public nature of said accounts) and/or on Ski-Pic website and/or on Ski-Pic Facebook page, any Ski-Pic photo that pictures also third parties, at least without such third parties’ prior written consent.

 

  1. Although we are using high quality cameras, we cannot grant that your photos will not be blurry or that will all be clean, since we cannot broadcast adverse atmospherical conditions. In case you do not like Ski-Pic photos, do not buy the same.

 

  1. Ski-Pic Italy Srl will not store the photos shot by its cameras, and will not use the same photos in any way except for what is provided under section 3.3. above and under the following “Your Use of Ski-Pic” section.

 

  1. Your Use of Ski-Pic

 

  1. Where applicable, you are allowed to post and share your Ski-Pic photos on the Ski-Pic website and app and on our public Facebook page[LCA4] https://www.facebook.com/skipicapp/.

 

  1. By transmitting, posting and displaying photos on Ski-Pic and/or on our Facebook page, you are expressly warranting that you are entitled to do so (e.g.because you are the owner of the contents that you are publishing or you have been entitled thereto by the relevant owner; because you are the only one person pictured in it or you have collected the written consent of the other pictured people; because such sharing is not confidential and not in violation of any laws, contractual restrictions or other third parties’ rights; etc.) and you are granting to Ski-Pic Italy Srl (and warranting that you are entitled to grant to Ski-Pic Italy Srl) a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license, including the right to sublicense and assign to third parties, to copy, modify, translate, publish, broadcast, transmit, distribute, publicly display, create derivative work, sell and/or use in any other way, the photos that you might share through Ski-Pic and Ski-Pic Facebook page,either for private or commercial and profit aims, without any payment to you.

You hereby waive any moral rights thereof, to the maximum extent allowed by the applicable law.

 

  1. Ski-Pic Italy Srlmay choose, in its sole discretion, to pre-screen, edit, refuse, move or remove any photo posted by Ski-Pic users; nevertheless, it assumes no responsibility for monitoring Ski-Pic and Ski-Pic Facebook page for inappropriate content or conduct, since you are the sole responsible for the photos you posted on Ski-Pic, on your Ski-Pic account and on Ski-Pic Facebook page.

 

  1. All the above applies also to any other content that you might post on Ski-Pic and/or Ski-Pic Facebook page, including comments and opinions, as well as to all your activities on Ski-Pic, Ski-Pic account and Ski-Pic Facebook page.

 

  1. Ski-Pic Italy Srl Contents

 

  1. Ski-Pic and its contents are copyrighted works owned by Ski-Pic Italy Srl[LCA5] .

Ski-Pic Italy Srl owns, reserves and retains all rights upon Ski-Pic, including (without limitation) all intellectual property rights or other proprietary rights in connection with Ski-Pic, its services and its contents.

Ski-Pic should not be construed as granting any license or right to use any intellectual property or proprietary right without the prior written permission of Ski-Pic Italy Srl, except for what Ski-Pic photos are concerned and as ruled above, and except for the other authorisations expressly provided hereinafter.

 

  1. Subject to your acceptance of these Terms of Use and your compliance thereto, Ski-Pic Italy Srl grants you hereby a non-exclusive, non-transferable, royalty-free, revocable limited license to access and use Ski-Pic by means of a web browser and/or a mobile device, for the sole purpose of your own non-commercial entertainment, as well as to create hyperlinks to the home page of Ski-Pic, provided that the hyperlink accurately describes the content as it appears on Ski-Pic.

You are not allowed to use Ski-Pic for any other purpose, nor to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell and/or use in whatever other way any content of Ski-Pic.Under no circumstances you may "frame" Ski-Pic or copy portions of Ski-Pic to a server, except as part of an Internet service provider’s incidental caching of pages. When Ski-Pic is accessed from a link (including RSS feeds) featured on your web site, each Ski-Pic page must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the applicable page within Ski-Pic.

 

  1. You expressly recognize and agree that Ski-Pic Italy Srl trademarks, including our logos, are the sole property of Ski-Pic Italy Srl. You are not authorized to display or use either our logos and trademarks without the our prior written permission; and the same applies to any other third parties’ trademark or logo featured on Ski-Pic.

 

  1. Any applicable software you may download from or access on Ski-Pic, including any files, images, or data accompanying the software are licensed to you by Ski-Pic Italy Srl for the limited use described in the preceding paragraphs. Ski-Pic Italy Srl transfers no right, title or interest in its software to you, and retains full and complete title to the software, as well as in all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise use the software other than to use Ski-Pic.

 

  1. Users’ Indemnification Committments

 

  1. In addition to the above, you agree under your own responsibility to avoid using Ski-Pic, your Ski-Pic account and/or Ski-Pic Facebook page to:

  • upload, post, e-mail or otherwise transmit photos and any other 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;

  • upload, post, e-mail or otherwise transmit any 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);

  • upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary third parties’ rights;

  • engage in any illegal conduct or for any unauthorized purpose;

  • pursue commercial aims; in particular, you shall not use Ski-Pic to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, repetitive messages and/or unwanted e-mail or comments.

 

  1. Save for what expressly provided in other sections of the Terms of Use and for any remedy provided under the applicable law, you agree to indemnify and hold Ski-Pic Italy Srl, any controlling/controlled company, its affiliates, officers, employees, agents or other partners harmless and fully indemnified from any claim, liability, costs, losses, expenses, damages (either direct, indirect or consequential) or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Ski-Pic,of your Ski-Pic account and/or of Ski-Pic Facebook page, as well as of your breach of the Terms of Use and/or of the applicable laws and regulations.

 

  1. Disclaimer

 

  1. Although ski-pic is normally available, there will be occasions when it might be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Ski-Pic Italy Srl.

 

YOUR USE OF SKI-PIC IS AT YOUR SOLE RISK AND UNDER YOUR OWN RESPONSIBILITY. SKI-PIC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EXCEPT FOR THOSE MANDATORY UNDER THE RELEVANT APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SKI-PIC ITALY SRL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SKI-PIC, THE RELEVANT CONTENT, THE SOFTWARE, OR ANY PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE ON SKI-PIC, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN PARTICULAR, SKI-PIC ITALY SRLMAKES NO WARRANTY: THAT SKI-PIC WILL MEET YOUR REQUIREMENTS; THAT SKI-PIC WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE QUALITY OF THE PHOTOS AND OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SKI-PIC WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SKI-PIC (SKI-PIC PHOTOS INCLUDED) IS AT YOUR OWN DISCRETION AND RISK.

 

  1. Limitation of Liability

 

  1. Ski-Pic Italy Srl may in no event be hold responsible and disclaims any and all liabilities for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your use or other users’ use of Ski-Pic, Ski-Pic passes, Ski-Pic account, Ski-Pic photos and Ski-Pic Facebook page. Moreover, Ski-Pic Italy Srl may in no event be hold responsible for the conduct of third parties, including other users of Ski-Pic.

Ski-Pic Italy Srl shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Ski-Pic Italy Srl’s control ( unforeseen adverse atmospherical circumstances, unexpected/unplanned closings of the hosting resorts).

Ski-Pic Italy Srl and the hosting resorts are independent entities: therefore, by way of exampe only, Ski-Pic Italy Srl shall have no liability for unfulfilments and breaches of any agreement Ski-Pic users might enter into with the hosting resorts.

 

  1. Your Rights Under These Terms of Use

 

  1. These Terms of Use give you specific rights, but you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for gross negligence or willful misconduct.

 

You and Ski-Pic Italy Srl agree that if any part of these Terms of Use or of Ski-Pic Privacy Policy is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use and of the Privacy Policy, which shall continue to be in full force and effect.

 

  1. Ski-Pic Italy Srlmay assign or delegate these Terms of Use and/or Ski-Pic Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use or Ski-Pic Privacy Policy without Ski-Pic Italy Srlprior written consent.

 

  1. Feedback

 

  1. We welcome your comments, feedback, suggestions and any communications regarding Ski-Pic (collectively, “Feedback”).

 

  1. The Feedback you provide to us will become and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of any and all rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, reproduce, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit.

 

  1. Cancellation of Your Ski-Pic Account

 

  1. You can cancel your Ski-Pic account at any time by entering the setting button in the app side menu and choose the account deleting option. It's important to follow all stages.

Please note that, should you cancel your Ski-Pic account, Ski-Pic will immediately delete all your data. The deletion will be effective after your receipt of our “account deleted successfully” notification. You will be able to re-create a Ski-Pic account at any time, but data from the deleted account will not be recoverable.

Please note that, should you remove the Ski-Pic app from your device without deleting your account, your Ski-Pic account will stay active in our database. We will delete your account, and your data as well, in case of no-access to your account for more than six months.

  1. We are entitled to cancel your Ski-Pic account at any time in case of breach of the Terms of Use.

 

  1. Changes and Updates to theseTerms of Use

 

  1. Ski-Pic may, at any time, modify or terminate Ski-Pic for any reason, as well as change, modify, add or remove portions of these Terms of Use and/or of Ski-Pic Privacy Policy by posting the amended Terms of Use and/or Privacy Policy on Ski-Pic: it is your responsibility to check periodically Ski-Pic for updates as they will be applicable to you if you continue using Ski-Pic. Changes will become effective immediately upon being posted on Ski-Pic: your continued use of Ski-Pic following the posting of changes to the Terms of Use will be deemed as acceptance of the same changes. If you do not agree to any point of these Terms of Service and/or Ski-Pic Privacy Policy, you should immediately stop using Ski-Pic.

 

  1. If the variations constitute a material change to the Terms of Use and/or to Ski-Pic Privacy Policy, we will notify you by sending an e-mail and/or by placing a notice on your Ski-Pic account, and we will collect your consent when mandatory.

You acknowledge that Ski-Pic is an evolving service. Please note that we might publish additional policies related to specific services that may be provided in the future: your use of such services, if any, will be subject to those specific policies as well as to these Terms of Service and Ski-Pic Privacy Policy.

 

  1. Contacts

 

For each and any enquiry, you can reach us as follows: support@ski-pic.com.

 

Latest update of the Terms of Use: 19th February, 2017.

 

 

Acceptance of certain conditions

According to section 1341 of the Italian Civil Code, you expressly agree to the following terms and conditions of the Terms of Use:

  • 2.2., 16.1., 16.2. (cancellation of Ski-Pic account and consequences of termination)

  • 2.4. (non-available features)

  • 3.2. (prohibition to download or copy Ski-Pic photos not paid or before payment)

  • 3.2. and 6.1. (acceptance of Ski-Pic purchasing policy)

  • 3.3. (limited time availability of Ski-Pic photos)

  • 4.3., 8.1., 8.2., 8.3., 8.4., 9.3., 9.4., 12.1., 13.1. (limitation to Ski-Pic Italy Srl’s liability)

  • 2.1., 8.1., 8.2., 11.1., 11.2. (users’ indemnification commitments)

  • 9.2., 9.4., 15.2. (waiver to users’ IP rights)

  • 14.2. (assignment of Ski-Pic Terms of Use and Privacy Policy and users’ rights and obligation thereto)

  • 17.1., 17.2. (one-sided amendments to Ski-Pic Terms of Use and Privacy Policy).

 

 [LCA1]Add hyperlink to the list of your host resorts..

 [LCA2]Add an hyperlink to the purchasing policy.

 [LCA3]Add an hyperlink to the purchasing policy.

 [LCA4]Add hyperlink

 [LCA5]As discussed, it is necessaru that everything is referred to the Italian company