The Outside Blog

Footwear : Jun 2011

About Our Ads

Tracking Technologies We Use
We or vendors we have hired use several common tracking technologies.  These may include browser and flash cookies, web beacons, and similar technologies.  These technologies are used to track our consumers and website visitors, including for the following reasons:

  • To track new visitors to our websites.
  • To recognize past customers.
  • To store your password if you are registered on our website.
  • To serve you with advertising content in which we think you will be interested.  As part of this customization, we may observe your behaviors on this website or on other websites. We may also get information about your browsing history from our trusted business partners.

So we can better understand our audience, our customers, our website visitors, and their respective interests.

Controlling Our Use of Tracking Technologies
You may control our use of cookies.  How you do so depends on the type of cookie.  You can configure your browser to reject browser cookies.  To control flash cookies, click here.  Why? Because flash cookies do not reside in your browser, and thus your browser settings will not affect them. If you configure your computer to block cookies, you may not be able to access certain functionality on our sites.

About Our Ads on Other Websites
We may also work with online advertising companies to provide you with advertising on this website, or other websites that you visit.  These ads may be based on information you submit on our website or third party sites. It may also be based on your activities or behaviors on our websites or on third party sites.  We may use gathered information to serve you with advertisements on our websites or on third party websites.

Opting Out of Receiving Seeing Tracking-Based Ads
We work with third parties to help us with the online tracking.  All such parties participate in the Self-Regulatory Program for Online Behavioral Advertising.  This program allows consumers to opt-out of having their online behavior tracked for advertising purposes.  If you want to opt out, click here.

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Terms and Conditions of Use

Mariah Media Network LLC owns and operates the Outside Magazine Internet site located at www.outsideonline.com and www.outsidemag.com and other websites and mobile applications or platforms on which these Terms and Conditions of Use appear (collectively, including all content "Website").  Your continued access and use of the Website is conditional on your acceptance and compliance with the terms and conditions of use set out below (this “Agreement”).  This Agreement will govern your use of any new or existing Website features (together the “Services”).  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.

By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website.  If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.

Mariah Media reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. You agree to regularly review this Agreement and to be aware of such revisions. Your use of this Website following any such change constitutes your agreement to follow and be bound by this Agreement as changed.

GRANT AND RESTRICTIONS ON USE
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thepreof (collectively the “Content”) comprised in the Website, excluding any User Submissions as defined below (“Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Mariah Media. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to Mariah Media.

ACCOUNT

In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.

You are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify Mariah Media immediately of any breach of security or unauthorized use of your account.

Although Mariah Media will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mariah Media or others due to such unauthorized use.

ACCEPTABLE USE
To register for the Website you may be required to provide certain personal information including your name and email address.  . You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.

You are also prohibited from:

(i)     using the Website to send or post harassing, abusive, or threatening messages;

(ii)   transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;

(iii)  attempting to conceal or misrepresent the identity of the sender or person submitting the information;

(iv)  disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants;

(v)    sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;

(vi)  intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website;

(vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism;

(viii)    posting User Submissions or using the Website in such a way that damages the image or rights of Mariah Media, other users or third parties;

(ix)   using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.

USER SUBMISSIONS AND CONDUCT
As a Website account holder or user you may submit textual content as comments or questions to our experts (collectively referred to as "User Submissions").  You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licences, rights, consents, and permissions to use and authorize Mariah Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement.  You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Mariah Media all of the license rights granted herein.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Mariah Media, you hereby grant Mariah Media a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, sublicence to others, modify, translate, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Mariah Media’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels now known or hereafter devised, without any compensation or payment of royalties. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Website a perpetual, irrevocable, non-exclusive licence to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement. 

RELEASE AND INDEMNITY
Your User Submission is voluntary and subject to the Privacy Policy. You are responsible for the content of the User Submission and agree to defend (at Mariah Media’s option and at your sole expense), indemnify and hold Mariah Media harmless from any damages, losses, costs, or expenses, including attorneys' fees, which Mariah Media may incur as a result of your User Submission. If you are viewing this Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Website and the computer system you are using to prevent unauthorized User Submissions. Mariah Media retains the right to review, edit, or delete from this Website any User Submission which Mariah Media in its sole discretion considers illegal, offensive, or otherwise inappropriate or may infringe the rights of Mariah Media or any third party without prior notice. 

Mariah Media does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You also acknowledge and agree that you, and not Mariah Media, are entirely responsible for your User Submission and that Mariah Media does not control the User Submissions posted on the Website, as such, does not guarantee the accuracy, integrity or quality of such User Submission. You understand that by using or viewing the Website, you may be exposed to content that is offensive, indecent or objectionable. Mariah Media expressly disclaims any and all liability in connection with User Submissions.

Due to the volume of responses, it may not be possible for us to respond to or publish every User Submission made to the Website.

INFRINGEMENT NOTICES
If you are the owner of intellectual property rights you believe have been infringed by a user on our website, please complete our Proprietary Rights Complaint Form.

ACCESS AND ACCOUNT TERMINATION

Mariah Media reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user's access to its Website, at any time in its sole discretion, with or without cause and without notice to you.

ACCESS TO SITE
While Mariah Media endeavors to ensure that this Website is available at all times, Mariah Media will not be liable if, for any reason, this Website is unavailable at any time or for any period.

DISCLAIMER
THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARIAH MEDIA DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  MARIAH MEDIA DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE.

LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARIAH MEDIA , ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF MARIAH MEDIA OR THAT PARTY EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE WEBSITE, ANY OTHER MATTER RELATED TO THIS WEBSITE AND ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.

GOVERNING LAW AND ATTORNMENT
This Agreement is governed by and will be construed in accordance with the laws of Illinois.  ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THIS AGREEMENT WILL BE INSTITUTED ONLY IN ALOCAL, STATE , OR FEDERAL COURT LOCATED IN COOK COUNTY, ILLINOIS. YOU AND MARIAH MEDIA AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

WAIVER
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.

THIRD PARTY LINKS
The Website may contain links to third party websites that are not owned or controlled by Mariah Media. Mariah Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mariah Media will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Mariah Media from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

MISCELLANEOUS
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.

 

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Proprietary Rights Complaint Process and Notification Form

If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please complete and submit a signed copy of the form below, and send to our designated agent: Anne Mollo-Christensen, Mariah Media Network, LLC, 444 North Michigan Avenue, Suite 2050, Chicago IL 60611; or by email to ipcomplaints@outsidemag.com.  Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). 

Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act.  If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will work with you to obtain a properly executed notification.  If any of the other information is missing from your notification, however, we will not be able to respond to your request.

Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials.  This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located.  If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days.  Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers.  If we determine that we do not want to restore access to the materials, you will not receive any further notification.

Nature of Infringement: ¨ Copyright  ¨ Trademark ¨ Other

Description of your proprietary material that has been infringed:
                                                                                                                                                           
Registration numbers of your proprietary material:
                                                                                                                                                           
Description of infringing material located on our site:
                                                                                                                                                           
URL at which infringing material is located:                                                                                       
Contact information at which you can be reached:
Name:                                                                    Telephone number:                                              
Address:                                                                                                                                              
e-mail address:                                               
Fax number:                                                            
By signing below, you certify, under penalty of perjury under the laws of the United States of America, that (1) you are either the rights holder, or authorized to act on the rights holder’s behalf, (2) you have a good faith belief that the use of the allegedly infringing material has not been authorized, and (3) the information provided above is true and accurate.
Signature:                                                          Name:                                            Date:                 

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Outside Online Disclosure Statement on Sponsorship Policy

An advertiser may sponsor content on Outside Online, which may include logo placement in proximity to an article or series of articles, but that sponsor has NO INFLUENCE OVER, OR INPUT ON, the scope, content, or direction of editorial material. In addition, advertiser sponsorship in NO WAY indicates editorial endorsement of that advertiser.

Any content existing in editorial space on Outside Online is executed under the strictest guidelines set forth by the American Society of Magazine Editors and in conjunction with the organization's suggestions set forth in the Best Practices for Digital Media. Any content that originates from a source other than the editors of Outside magazine or Outside Online is clearly labeled as "Advertising" or otherwise noted.

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