Terms of Service

You agree that by accessing and/or using our services (described below), you will comply with these terms of use ("Terms of Service") that govern your use and/or access of abovesummit.com (the “Site”). If you do not agree to be bound by the Terms of Service, promptly discontinue using the Site.

We may modify the Terms of Service and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Site, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may choose to no longer access and/or use the Site. Your continued use of the Site after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.  Further, we may change, suspend or discontinue the Site at any time without notice to you.

As a user of the Site, the collection, use and sharing of your personal data is subject to this Privacy Policy and updates.

Intellectual Property Rights

Above Summit LLC, d/b/a Above Summit, (“Above Summit”) reserves all of its intellectual property rights in the Site. Trademarks and logos used in connection with the Site are the trademarks of their respective owners.

All pages within this Site and any material made available for download are the property of Above Summit. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio and video, and any materials accessed through or made available for use or download through this Site (collectively, "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, without Above Summit’s prior written consent. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout or form) of Above Summit without our prior written consent.

Accuracy and Integrity of Information

Although Above Summit attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Above Summit so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Prohibited Use of Our Site

As a condition of your continued access to and use of this Site, you agree to abide by all applicable federal, provincial, territorial, state and other laws and regulations. In addition, without limiting the foregoing, you agree not to: impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Site, or interfere with or disrupt networks or servers connected to the Site or violate the regulations, policies or procedures of such networks. If you submit or upload any information or files to our Site ("Submissions"), you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) submit or upload anything that violates the privacy rights, the copyright rights, or intellectual property rights of any person or entity; or (3) post or transmit a virus or any other harmful component. Above Summit shall have a perpetual, worldwide, irrevocable license and right to use Submissions for its business purposes without media limitations. You are responsible for ensuring that all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

Disclaimer of Warranties

Above Summit neither represents nor warrants that access to or use of our site will be uninterrupted or error-free or that defects in the site will be corrected. This site, including any content or information contained within it, are provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment and title/non-infringement. Above Summit specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the site. Above Summit neither represents nor warrants the accuracy, completeness or timeliness of the information obtained through the site. You assume total responsibility and risk for your use of the site. Above Summit does not warrant that files available for download will be free of viruses, worms, trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.

Limitation of Liability Regarding Use of Site

Above Summit is not responsible and liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of or relating in any way to the site, content or information contained within the site, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site is to stop using the site.

Links to Other Sites

Above Summit makes no representations whatsoever about any other third-party website that you may access through this Site. When you access a third-party’s website, please understand that it is independent from Above Summit, and that Above Summit has no control over the content on that website. In addition, a hyperlink to a third-party website does not mean that Above Summit endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

Indemnity

You agree to indemnify us and hold us and our employees, agents, and licensors harmless from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from any alleged violation by you of these Terms of Service.

Revisions; General

Above Summit reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. If any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect. The Terms of Service constitute the entire agreement between Above Summit and you pertaining to the subject matter hereof. In its sole discretion, Above Summit may from time-to-time revise the Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service so you are aware of any such revisions to which you are bound. Certain provisions of the Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Applicable Laws

These Terms of Service are governed by and construed in accordance with the laws in effect in the State of New York, and any dispute is to be submitted to the site administrator. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service and any and all other legal notices or statements posted on the Site constitute the entire agreement between us and you with respect to the use of the Site, including the Content.


Privacy Policy

Above Summit LLC d/b/a Above Summit (“Above Summit”) is committed to respecting your privacy. Our privacy policy (“Privacy Policy”) applies when you access and/or use our services, the abovesummit.com website (the “Site”), our products, and our services (collectively, the "Services").

The Personal Information We Collect.

When you interact with our Site, we collect the following information:

  • Contact Information. Your name, mailing address, phone number, or email address.

  • Online Identifiers. IP address, advertising ID, unique device ID, and other information about your device, and internal and third party IDs that have been assigned to you.

  • Internet Activity Information. Browsing history, information on how you interact with advertisements we serve on behalf of our clients, and information about the location of your device.

Where/How We Collect Information About You.

We collect information about you from:

  • You. When you provide your information via our website.

  • Service Providers. We work with service providers who collect information on our behalf in order to provide services to us. We only allow our service providers to use your personal information in connection with the services they provide us.

  • We Use Cookies & Other Technologies on the Site.

    • Cookies. A “cookie” is a tiny file that’s stored on your computer. It contains a unique identifier, as well as the address and other information about the website you are visiting. Cookies help us know who you are when you visit our website. For example, although you may not log in when you visit our website, we can use cookies to recognize that you have visited our website in the past. We use this information to analyze our website traffic and make design decisions about the information presented on our website.

    • Web Beacons, Pixel Tags and Other Tracking Technologies. Web beacons, pixel tags and other “tracking technologies” are small strings of code placed on a web page or in an email or advertisement. These technologies allow your browser to recognize and store certain types of information such as cookies previously set, the time and date that you viewed the page with the beacon and a description of that page.

    • To Opt Out.  Visit our section on your privacy choices for more information on how to opt out.

How We Use Your Information.

  • To Contact you

  • To respond to your requests or answer your questions

  • To Analyze and Improve the Website

    • To analyze, operate and improve our website;

    • To operate and improve our websites, products or services and to foster a positive user experience; and

    • To help our clients and third parties understand the kinds of visitors we see on our website and how those visitors use our website,

  • Security and Fraud Prevention

  • To enforce our legal rights or comply with the law; and

  • To prevent potentially prohibited or illegal activities, comply with applicable law and enforce our terms of use located at the Site. 

We may use your information for any other purposes disclosed to you at the time we collect your information, provided we have obtained the required consent.

Who We Share Your Information With.

  • Service Providers. We engage third-party service providers (“Service Providers”) to provide services such as advertising, marketing, email, and analytics/insights. We may share any information we collect about you with these Service Providers and authorize them to collect information from you directly to support the services they provide to us. We do not authorize our Service Providers to share your information with any other third parties.

  • Legal Compliance, Business Transfers, and Other Disclosures. We disclose information about users of our Services when we believe the law requires it, for example, to respond to compulsory process or law enforcement requests, enforce our terms of use located on abovesummit.squarespace.com, or protect the rights, property or safety of users of our Services, the public, Above Summit and the companies it owns, Service Providers, Clients, Data Partners, or any third party. Over time, we may reorganize or transfer various assets and lines of business. We reserve the right to disclose or transfer any information we collect to third parties in connection with any proposed or actual purchase, sale, lease, merger, foreclosure, liquidation, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Above Summit or our affiliates.

How You Can Control Our Use of Your Information.

  • Do Not Track. We do not currently respond to browser do-not-track signals. Instead, we adhere to the standards set out in this privacy policy and offer the opt-out choices described above.

Rights for Our California Residents.

Residents of California (“California Consumers”) may have additional privacy rights under California law, such as the right to know what information is collected, how their information is used, who their information is shared with, as well as the right to access, delete or obtain a copy of their information. We act as a service provider for our clients.  Any California resident seeking to exercise their rights under the California’s privacy law will be directed to contact our clients directly.  We do not share any personal information with third parties for their direct marketing purposes.

Additional Privacy Information

  • Security, Retention and Storage of Information. We use commercially reasonable procedures to protect the information that we collect. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet.

  • Children’s Privacy. We do not knowingly allow anyone the age of 13 or younger to provide us with any personal information online. Children should always get permission from their parents before sending any personal information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us. If you are the age of 13 or younger, please do not register for our sites or provide us with any personal information (such as your name, email address or phone number). 

  • Location of Your Data. Above Summit is a U.S. company and your personal information will be transferred to, processed, stored and accessed by us, our affiliates and Service Providers in the United States and in other jurisdictions where we or they operate, which may not provide you with the same level of privacy protection as you are entitled to in your jurisdiction.

  • Changes to Our Privacy Policy. Digital technology is rapidly evolving. If we decide to change our Privacy Policy in the future, we’ll post the changes here and indicate at the top of the policy the last date on which it was updated. Unless otherwise noted, all changes will be effective when posted.

How Can You Learn More

How to Contact Us

If you have any questions or concerns about our Privacy Policy or its implementation please contact us via email at film@abovesummit.com