WINTER PARK RESORT

(INTRAWEST/WINTER PARK OPERATIONS CORPORATION)
USER SUBMISSION POLICY AND AGREEMENT

EMPLOYEES OF INTRAWEST/WINTER PARK RESORT OPERATIONS CORPORATION OR ITS AFFILIATES MAKING A POSTING TO THE WEBSITE MUST READ AND AGREE TO THE SPECIAL EMPLOYEE PROVISIONS AT THE END OF THIS POLICY AND AGREEMENT

1. INTELLECTUAL PROPERTY OWNERSHIP AND RIGHTS:  The materials on the skiwinterpark.com and other Winter Park Resort websites, including without limitation, all information, data, text, software, scripts, graphics, tags, photographs, sounds, music, videos, interactive features ("Material") are the sole and exclusive property of Intrawest Winter Park Operations Corporation ("IWPOC") or is under license to IWPOC for use on the website(s) and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Material is provided AS IS and "AS AVAILABLE" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of IWPOC or the respective owners.  If you download or print a copy of the Material for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of IWPOC's website(s) or features that prevent or restrict use or copying of any Material or enforce limitations on use of the IWPOC website or the Material therein.

2. USER SUBMITTED MATERIAL:  A user of the IWPOC website(s) is only authorized to use the user submittal program ("Services") (regardless of whether such access or use is intended) if the user agrees to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave this website and discontinue use of the Services immediately. If you wish to submit material for the IWPOC website(s), you represent that you are of legal age to form a binding contract and must read this Agreement and indicate your acceptance at the end of this document as part of the submission process.  IWPOC may modify this Agreement from time to time, without notice to you and such modification shall be effective upon posting by IWPOC on the website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. You should therefore review this Agreement regularly to ensure you are updated as to any changes.

a. IWPOC may now or in the future permit the submission of videos, digital images or other material by users of the IWPOC website(s) ("User Submissions") and the subsequent publishing or use of the User Submissions on the IWPOC websites.
b. The user who submits a User Submission shall remain the sole owner of the User Submission and shall retain copyright over each such User Submission.  Notwithstanding the foregoing, the user understands, acknowledges and agrees that visitors to the IWPOC website(s) may be able to download the User Submittals and that they may use it for their own purposes or amusement and that IWPOC cannot and will not control and will not be responsible or liable for such downloading and reuse by third parties. 
c. The user who submits the User Submission grants to IWPOC a limited, non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use the User Submission for display on its website(s) for viewing by any and all users of the websites and generally in the promotion, advertising and publicizing of Winter Park Resort and the programs, events and activities held or conducted at the Resort.  This license exists in perpetuity.
d. IWPOC reserves the right, in its sole discretion, to reject, refuse to post, or remove any User Submissions or to restrict, suspend, or terminate a user's access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
e. By making a User Submission the user represents and warrants that: (i) the user owns the material submitted on or through the Services or otherwise has the right to grant the license set forth in this Agreement and (ii) the posting of the User Submission on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The user may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. User agrees to pay for all royalties, fees, and any other monies owing any person by reason of any User Submission posted by the user to or through the Services.
f. IWPOC does not permit copyright infringing activities and infringement of intellectual property rights on its website(s), and IWPOC will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. IWPOC reserves the right to remove User Submissions without prior notice. IWPOC will also terminate a user's access to its website(s), if they are determined to be an intentional or repeat infringer.
g. IWPOC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and IWPOC expressly disclaims any and all liability in connection with User Submissions.
h. The following is a partial list of the kind of User Submission that is illegal or prohibited to post on or through the Services. IWPOC reserves the right to investigate and take appropriate legal action against anyone who, in IWPOC's sole discretion, violates this provision, including without limitation, removing the offending User Submission from the websites. Prohibited Content includes, but is not limited to Content that, in the sole discretion of IWPOC:
1. is patently offensive and/or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. provides information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, vulgar, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protection devices, providing pirated music or links to pirated music files, or providing lyrics, guitar tablature (tabs) or sheet music;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. contains confidential or proprietary information;
12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, computer code, worms, spyware or other harmful files ("Viruses");
13. transmits or constitutes a Virus; or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
14. involves commercial activities and/or sales without Copper's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
15. includes a photograph of another person that you have posted without that person's consent;
16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of Viruses, copyright infringement, patent infringement, or theft of trade secrets;
17. provide material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organization (s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act:
18. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services or
19. attempting to impersonate another person or entity.
3. Nature of Materials:  You understand that when using any area of the IWPOC website(s), you will be exposed to User Submissions from a variety of sources, and that IWPOC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 IWPOC with respect thereto, and agree to indemnify and hold IWPOC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4. Limitation on Liability: 

IN NO EVENT SHALL IWPOC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF COPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED.
5. DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICES AND THE COPPER WEBSITES IS AT YOUR SOLE RISK. COPPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. Disputes: Any dispute about or involving the IWPOC website(s) or the Services or arising out of or under or in connection with this Agreement shall be settled by arbitration in Denver, Colorado utilizing the dispute resolution procedures of the American Arbitration Association (AAA). THIS AGREEMENT TO ARBITRATION CONSTITUTES A WAIVER OF YOUR RIGHT TO A CIVIL JURY TRIAL. This Agreement shall be governed by and any arbitration shall be conducted in accordance with the laws of the State of Colorado without regard to conflict of law provisions. Subject to the preceding arbitration provision, you and IWPOC agree to the exclusive personal jurisdiction of and venue in the state and federal courts located in Denver, Colorado, and agree that these are convenient forums.
7. Indemnity: You agree to indemnify and hold IWPOC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes IWPOC to be liable to another.
8. Miscellaneous: This Agreement constitutes the entire agreement between you and IWPOC regarding the use of the Services. This Agreement may only be modified by IWPOC; such modification must be in writing and is deemed accepted by you by your use (after the modification) of the website(s) or any of the Services after the modification. The failure of IWPOC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
9. SPECIAL EMPLOYEE PROVISIONS

ANY EMPLOYEE OR VOLUNTEER OF IWPOC OR ANOTHER INTRAWEST AFFILIATED ENTITY WHO MAY POST A VIDEO OR ENTER A PHOTO OR VIDEO ONTO A WINTER PARK RESORT WEBSITE OR ENTER SUCH MATERIAL INTO A IWPOC CONTEST OR COMPETITION ("ENTRANT") UNDERSTANDS AND AGREES THAT POSTING THE PHOTO/VIDEO OR TAKING PART IN THE CONTEST IS NOT WITHIN THE COURSE AND SCOPE OF HIS/HER EMPLOYMENT AND THAT POSTING OR ENTERING A VIDEO IN THE CONTEST IS NOT REQUIRED AS PART OF ENTRANT'S EMPLOYMENT.  ENTRANT UNDERSTANDS AND AGREES THAT ENGAGING IN ACTIVITIES ASSOCIATED WITH CREATION OF A PHOTO/VIDEO FOR POSTING OR ENTERING THE CONTEST IS BEING UNDERTAKEN VOLUNTARILY AND ON ENTRANT'S OWN INITIATIVE AND THAT ANY INJURIES SUSTAINED AS A RESULT OF SUCH ACTIVITIES WILL NOT BE CONSIDERED A JOB RELATED INJURY AND IN THE EVENT OF SUCH AN INJURY THE ENTRANT WILL NOT BE ENTITLED TO RECOVER ANY BENEFITS UNDER COLORADO WORKERS' COMPENSATION LAW.