TERMS OF SERVICE
1. Services and Conditions of Use. The Trail Committee, Inc. (“ITC”) provides its online services (“Services”) to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, your use of our Services are subject to any posted guidelines or rules applicable to such Services. All such guidelines or rules are hereby incorporated by reference into the TOS. As part of our Services, we will provide you with a great deal of content accessible to you free of charge. We will also make certain video and GPS tracking services, known as Iditarod Insider content, available on a subscription basis, subject to the terms of this Agreement. Those who choose this service will be referred to as “Subscribers.” Upon notice published on www.iditarod.com, we may modify this Agreement at any time. You agree to use our Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below.
2. Rules For Online Conduct. You understand that all information or materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ITC, are entirely responsible for all Content that you post. You agree not to post or transmit any Content that; 1) is unlawful, threatening, abusive, defamatory, obscene, libelous, invasive of another’s privacy; 2) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 3) is unsolicited or unauthorized advertising, “junk mail,” “spam,” or any other form of solicitation; 4) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 5) interferes with or disrupts the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. Statements or postings that, in the opinion of ITC, violate the above terms will be deleted upon discovery. Depending on the nature of the violation, ITC may choose to take any action it deems necessary, including appropriate legal action.
3. Price, Payment and Term of Subscription. Subscribers agree to pay all charges to their account, in accordance with the terms in effect at the time of registration. If Subscriber’s charge is returned to ITC for any reason, ITC reserves the right to either suspend or terminate Subscriber’s access and account, thereby terminating this Agreement and all obligations of ITC hereunder. Subscriber understands and agrees that his or her subscription expires on June 30 of each year.
4. Non-Transferability of Subscription. ITC grants to each individual Subscriber a personal, non-exclusive, non-assignable and non-transferable license to use and display Iditarod Insider content on any machine(s) of which Subscriber is the primary User. Subscriber acknowledges that they may not share their username and password with anyone else. Should it be discovered that Subscriber has done so, ITC may choose to take any action it deems necessary, including appropriate legal action.
5. Limitation of Liability and Warranty. Subscriber agrees that use of the service is entirely at Subscriber’s own risk. ITC’s Services are being provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for uninterrupted access. 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, or under any other cause of action. Neither ITC nor any of its agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Services or inability to gain access to or use the Services or out of any breach of any warranty. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on www.iditarod.com.
8. Trademarks and Copyrighted Materials. Iditarod, The Last Great Race On Earth, The Last Great Race, 1,049 Miles, Alaska Where Men Are Men and Women Win the Iditarod, I & Design, Iditarod Trail Alaska and Design, Iditarod Trail Committee, Iditarod Days, and Junior Iditarod, are federally registered trademarks of the Iditarod Trail Committee, Inc. All images on the Service, whether moving or still, are owned by the Iditarod Trail Committee, unless otherwise indicated, and may not be used without the express written permission of ITC.
9. Notice. ITC may give notice to Subscriber by means of a general notice on the Service or electronic mail to Subscriber’s e-mail address on record.
10. Indemnification. Subscriber agrees to indemnify and hold ITC and its board of directors, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. Termination of Service. You agree that ITC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if ITC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ITC may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ITC may immediately deactivate or delete your account. Further, you agree that ITC shall not be liable to you or any third party for any termination of your access to the Services.
12. Choice of Law. This Agreement shall be construed and controlled by the laws of the State of Alaska. Further, the laws of the State of Alaska will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Subscriber agrees to personal jurisdiction by the state and federal courts sitting in the State of Alaska.