TERMS & CONDITIONS

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 Tichki operates this internet site located at www.tichki.com (“Website”). As used herein, the terms “you,” “your,” and “yours” refer to the user or registered user using this Website. The terms “Tichki,” “Tichki,” “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 Tichki 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 Tichki 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 Tichki. The entire Content of this Website is copyrighted as a collective work under U.S. copyright laws, and The Tichki 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 Tichki 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 Tichki.

Notice of Copyright or Trademark Infringement

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

The TICHKI USER CONTRIBUTED CONTENT POLICY

The Tichki Corporation website (www.Tichki.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.Tichki.com. The Tichki 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 Tichki 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.

The Tichki 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 Tichki 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.

Website Terms and Conditions of Use or Privacy Policy, these Terms will prevail, govern and control with respect to the Content.

Updated: July 30, 2024