Terms of Use

Effective Date: February 12, 2012

Welcome to the Colorado Observer (“we”, “our” or “us”) website (the “Website”). Your use and access to the Website is governed by and subject to the following terms and conditions (“Agreement”). If you do not agree to these terms, please do not use the Website or any services offered by the Website.  BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL TERMS OF THIS AGREEMENT.

Registration.
In order to use certain features of the Website, you will have to register and create an account (“Account”). You may not use another’s Account without his/her permission.  We provide the Website solely as an Internet Service Provider, as such term is defined by various laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”) and the Communications Decency Act (“CDA”).  As such, we provide a forum in which you and other third parties may express certain opinions and make certain statements. This includes any writer of any article or blog posting. All opinions and statements are made solely by the applicable author and do not constitute the opinion of the Colorado Observer.  We do not endorse, approve, sponsor, or even necessarily agree with, any opinion or statement made by any individual who posts content on the Website.  BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY POSTING OR FOR MONITORING THE WEBSITE FOR INAPPROPRIATE OR UNLAWFUL CONTENT. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE OR EDIT ANY POSTINGS OR PROHIBIT YOUR ACCESS TO OUR WEBSITE AT ANY TIME IN OUR SOLE DISCRETION.

Intellectual Property Ownership.
Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (collectively “Content”) are owned by the Colorado Observer or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between the Colorado Observer and you, all right, title and interest in and to the Content will at all times remain with us and/or its Owners. With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by any users of the Website, such use is at the sole responsibility of the providing user and is stored on our servers and/or system solely at the direction of such user, and subject to the protections afforded to us as an online service provider under Section 512(c) and/or 512(d) of the DMCA and Section 230 of the CDA. Please see the Copyright Infringement section below for more details on our policies and procedures regarding any issues in relation thereto.

License Grant.
In submitting a Post to the Website you hereby grant to us, and our successor’s and assigns, a worldwide, exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Post in connection with the purpose, functionality, and operation of the Website in the ordinary course of business, including the promotion, marketing or redistribution of part or all of the Website (and derivative works thereof) in any media formats and through any media channels for any purpose whatsoever. You hereby waive any objection to, such use, distribution, reproduction, display or performance of your Post, and any claim for compensation whatsoever in connection therewith.  Such waiver shall include any claim for infringement of any moral rights, droit moral, or similar right or interest.   Subject to the foregoing licenses granted herein, as between the Colorado Observer and you, you retain all ownership rights in your Post, provided, however, that any licenses granted hereunder shall be perpetual and nothing shall restrict or prevent the Colorado Observer’s unrestricted, continued use, reproduction, performance, display or distribution of a Post, or any derivative work thereof.

Limited Use; Restrictions on Use.
The use or misuse of any Content, except as provided in this Agreement, is strictly prohibited.  We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions:

  • You may not distribute text or graphics to others,
  • You may not copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Content on any other server, or modify or re-use all or part of the Content on this system or any other system,
  • You may not use our domain name, tradename, trademark, or brand name in metatags, keywords and/or hidden text,
  • You may not copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof,
  • You may not create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way,
  • You may not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to the Colorado Observer, the Owner, or any third party referenced therein, and
  • You only may use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes.

The Colorado Observer reserves all rights not expressly granted. You do not acquire ownership rights to any Content viewed or accessed, and the Colorado Observer’s posting of Content on the Website does not constitute a waiver of any such rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under the Colorado Observer’s or any Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, we may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Posting Guidelines.
The Website allows you to post comments and blogs, provide information, feedback, responses and comments, and otherwise interact with other users (each a “Post”).  In connection with such services, you agree to abide by any rules that we publish in connection therewith. Without limiting the generality of the foregoing, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following (“Prohibited Submissions”):

  • Any Post that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Any Post that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or  would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • Any Post that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Any Post that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files;
  • Any Post that is unrelated to the topic in which such Post is published; or
  • Any Post that in the Colorado Observer’s sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Colorado Observer or its users to any harm or liability of any type.

If you direct us to store a Post on our network, systems or servers and/or otherwise make a Post available via the Website, you shall, and hereby do, agree and acknowledge that (a) except as set forth herein, we do not edit, review, select, censor or otherwise control the publication of any Post, (b) all Posts are published by you and reside on our systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any Posts uploaded, stored, published, or otherwise copied, distributed or displayed at your direction, and (d) we do not guarantee any confidentiality with respect to any Posts that you choose to upload and store on our networks, systems or servers and publish or otherwise copy, distribute, perform or otherwise display using the Website. Further, although we reserve the right to review any Post at any time, you acknowledge that we are under no obligation to do so.   Notwithstanding the foregoing, and in compliance with Section 512(c) of the DMCA and Section 230 of the CDA, we reserve the right, in our sole discretion, to refuse, remove or delete any Post at any time and for any reason.

Links.
The Website may contain links allowing you to leave the Website for other sites that are not under our control (“Third Party Sites”). We provide the linked sites solely for your convenience, and do not endorse any Third Party Sites. We are not responsible for the contents or transmission of any Third Party Site or any link contained on a Third Party Site or for ensuring that the Third Party Sites contain no errors or viruses. We are not responsible for the terms of use or privacy practices of the Third Party Sites or any link contained on the Third Party Site. Linking to any Third Party Site or any other off-site page or other site is entirely at your own risk. We encourage you to carefully read the policies of each site you visit.

Online Privacy Policy.
Our online Privacy Policy is incorporated herein by reference and applies to the Colorado Observer’s collection, use, and sharing of personally identifiable information that may be collected in connection with your use of the Website.  

Copyright Infringement.
We respect and are committed to protecting the legal rights of copyright owners.  We adhere to the following notice and take down policy, in accordance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any Content or Post infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “Notice”).  To be valid, a Notice must (i) be provided to the Colorado Observer’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Our Copyright Agent to receive Notices is: Pine Tree Publishing Group. Only Notices for copyright infringement should go to the Copyright Agent, all other communications, including feedback, comments, and online purchases should be directed to the applicable customer service links posted on the Website. In order for the Colorado Observer to be authorized to take down any Content, your Notice must comply with all of the requirements of this Section.

Use By United States Residents Only.
The Website is intended for use by U.S. residents only, and is maintained in Denver, Colorado U.S.A. If you use the Website from a physical location outside the U.S., you do so at your sole risk.  Your use of the Website is governed by U.S. law.  In the event you provide personal information to us through the Website, you are transferring your personal information to the U.S. and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Colorado. Any claim or dispute between you and us that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

No Warranties.
THE WEBSITE, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER THE COLORADO OBSERVER, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE, THIS AGREEMENT, OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

No Framing; Links; Third Party Sites.
Framing, in-line linking or other methods of association with the Website are expressly prohibited without the Colorado Observer’s prior written approval.

Modifications to this Agreement.
From time to time, we may revise this Agreement.  To help you stay current of any changes, we will take the following two steps:  (1) we note the date this Agreement was last updated above, and (2) when we makes a change to this Agreement, we post conspicuous announcements of such changes on the homepage of the Website for 30 days following the date this Agreement was updated.  Your use of the Website following the posting of any revisions to this Agreement shall be deemed acceptance of the revised Agreement.  We recommend checking this Agreement on a regular basis.  If you disagree with any provision of this Agreement at any time, your sole remedy is to terminate your use of the Website. Your continued use of the Website constitutes your acceptance of the terms of this Agreement then in effect.

Miscellaneous Terms.
The Colorado Observer’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

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