Terms & Conditions

TERMS & CONDITIONS AND PRIVACY POLICY

Your Use of this Website is Governed by these Terms and Conditions

Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the www.themountain.com website.

The Mountain Corporation operates this internet site located at www.themountain.com ("Website"). As used herein, the terms “you,” “your,” and “yours” refer to the user or registered user using this Website. The terms “The Mountain Corporation,” “The Mountain,” “we,” “us,” and “our” refer to The Mountain Corporation and its related or affiliated companies.

These Terms and Conditions will govern your use of any new features that augment or enhance the current services (together the “Services”), however from time to time, new Services or features may be made available on this Website and you may be required to review and agree to additional terms and conditions and/or download software. Unless otherwise provided by the additional terms and conditions applicable to the new Services you use, the additional terms and conditions are hereby incorporated into these Terms and Conditions. In addition to these Terms and Conditions and any additional terms, the The Mountain privacy policy found below (the “Privacy Policy”) will govern how your personal information will be used on this Website, and together they form the agreement between you and us (the “Agreement”). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms and Conditions May Change

The Mountain reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.

Copyright Notice

All of the Content you see and hear on the The Mountain Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by The Mountain. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws, and The Mountain owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (i) only use these copies of the Content for your own personal, non—commercial use, (ii) do not copy or post the Content on any network computer or broadcast the Content in any media, and (iii) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Mountain Website reserves complete title and full intellectual property rights in any Content you download from this Website. As noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from The Mountain.

Notice of Copyright or Trademark Infringement

The Mountain respects the intellectual property of others. When we become aware of allegations of copyright or trademark infringement in material distributed through www.themountain.com or any of The Mountain’s other social media platforms, we will investigate and address the allegations. The Mountain’s response can include, without limitation, termination of the infringer’s access to this site or other The Mountain social media.

If you misrepresent that material infringes your intellectual property rights, you may be liable for damages, including attorneys' fees and costs. If The Mountain determines to restrict or terminate a user’s access to the Website or other The Mountain social media, The Mountain will make a good faith effort to notify the person who posted the infringing content so they may make counter notification pursuant to applicable laws. The Mountain shall document all notices of alleged infringement upon which it decides to take action. A copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your trademark rights or copyright have been infringed on The Mountain Website, please provide The Mountain’s DMCA Agent with the following information:

1. Identification of the trademark or copyrighted work claimed to have been infringed;
   
   
2. Identification of the allegedly infringing material on www.themountain.com (identified by url) or other The Mountain social media that you are requesting be removed;
   
   
3. Your name, address, and daytime telephone number, and an email address if available, so that we may contact you;
   
   
4. A statement that you have a good-faith belief that the use of the trademark or copyrighted work is not authorized by the owner, its agent, or the law;
   
   
5. A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner the intellectual property right that is allegedly infringed, and
   
   
6. An electronic or physical signature of the intellectual property owner or someone authorized on the owner’s behalf to assert infringement and to submit the statement.

The Mountain’s agent for notice of claims of infringement is its General Counsel, who can be reached as follows:

The Mountain Corporation
Attn.: General Counsel
18 Water Street
Marlborough, NH 03445
Email: retail@themountain.com

Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to The Mountain’s agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.

The Mountain USER CONTRIBUTED CONTENT POLICY

The Mountain Corporation website (www.themountain.com) and social media sites (including, but not limited to, Facebook, Twitter, Instagram, YouTube and Pinterest) (collectively the “Sites”) may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos and or music on the Sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order The Mountain products from www.themountain.com. The Mountain Corporation is not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk.

By submitting or posting User Content on the Sites, you grant The Mountain Corporation and our subsidiaries and affiliates a worldwide, non-exclusive, royalty free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions.

By submitting or posting any User Content to the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any content that:

• contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
  
  
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  
  
• advocates, promotes or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
  
  
• contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
  
  
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  
  
• is threatening, abuses or invades another’s privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
  
  
• is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
  
  
• gives the impression that it emanates from The Mountain Corporation, if this is not the case; and/or
  
  
• contains anything that, in The Mountain’s sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose The Mountain Corporation or the users of the Sites to harm or liability of any kind.

Should you wish to remove any User Content that you have posted, The Mountain’s agent for notice for removal can be reached as follows:

The Mountain Corporation
Attn.: Community and Content Manager,
18 Water Street,
Marlborough, NH 03445
Email: retail@themountain.com

The Mountain Corporation reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

By posting User Content to the Sites, you represent and warrant that (i) such User Content is non-confidential; (ii) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to The Mountain Corporation that you grant in these Terms; (iii) the User Content is accurate and not misleading or harmful in any manner; and (iv) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms or the Terms and Conditions of use of the Sites, or any other applicable The Mountain terms, guidelines or policies or any applicable law, rule or regulation.

SOCIAL MEDIA AGREEMENT

WHEN YOU SUBMIT CONTENT (INCLUDING BUT NOT LIMITED TO, PHOTOS, TEXTS, ARTWORK, MUSIC AND MUSIC) (“CONTENT”) TO THE The Mountain WEBSITE (www.themountain.com) OR ANY The Mountain MAINTAINED SOCIAL MEDIA SITE (A “SITE”) OR SEND/USE THE HASHTAG #MountainArtwear, #MountainTribe, #MountainTees, #WolfShirtWednesday, #WolfWednesday, #ThreeWolfMooon: TO The Mountain, YOU AGREE TO BE BOUND BY THESE TERMS.

This Social Media Agreement incorporates by reference The Mountain’s Website Terms and Conditions of Use and Privacy Policy Please (ADD T&C Link). In the event of any conflict or inconsistency between these Terms and the Website Terms and Conditions of Use or Privacy Policy, these Terms will prevail, govern and control with respect to the Content.

1. You represent and warrant that (i) you are at least 18 years old; (ii) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (iii) The Mountain’s use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow The Mountain to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
   
   
2. You hereby grant to The Mountain a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on The Mountain’s website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of The Mountain (including websites, apps and email), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, The Mountain’s right to use and publicly display your name, image, likeness and persona. Nothing in this license requires The Mountain to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
   
   
3. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with The Mountain or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at The Mountain’s request.
   
   
4. You agree to sign and deliver documents and take any other actions reasonably requested by The Mountain to effectuate, perfect or evidence the license and rights granted in these Terms.
   
   
5. You agree that you will not submit Content that (i) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (ii) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (iii) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (iv) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
   
   
6. To the fullest extent allowed by law, you hereby release The Mountain and its employees, contractors, sponsors or any other person acting under The Mountain’s permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of The Mountain’s actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
   
   
7. These Terms, including the The Mountain online Terms and Conditions of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and The Mountain in relation to the Content you’re licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.
   
   
8. These Terms will be governed by applicable federal law and the laws of the Commonwealth of New Hampshire, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of The Mountain’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).

The Mountain & GDPR (General Data Protection Regulations) [ EU consumers only]

Manage your data – https://www.themountain.com/manage-your-data-gdpr

Under the new law effective May 25, 2018, you have the right to manage the data we have collected from you in the due course of shopping with us. We have provided an easy to manage your data page from which you will be able to:

1. Right to be forgotten: An individual may request that an organization delete all data on that individual without undue delay.
2. Right to object: An individual may prohibit certain data uses.
3. Right to rectification: Individuals may request that incomplete data be completed or that incorrect data be corrected.
4. Right of access: Individuals have the right to know what data about them is being processed and how.
5. Right of portability: Individuals may request that personal data held by one organization be transported to another.

Updated: May 20, 2018