These Terms of Service (“Terms of Service”) set forth the terms and conditions under which you are authorized to use the Digital Services. To the extent rules or guidelines affecting your use of the Digital Services are found elsewhere in the Digital Services, those rules and guidelines are hereby incorporated by reference into these Terms of Service. By using any of the Digital Services you (hereinafter either “you” or “User”) agree to these Terms of Service. If you do not agree to these Terms of Service, you should immediately cease all usage of our Digital Services.
We reserve the right, at any time, to modify, alter, or update these Terms of Service without prior notice. You are encouraged to check the Digital Services regularly for changes to the Terms of Service. Modifications shall become effective immediately upon being posted at the applicable Digital Service, without further notice to you. Your continued use of any Digital Service after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Service may not be amended.
Description of Service
Our Digital Services feature a wide array of intellectual property content, including but not limited to, news, information, audio, video, and user-generated content (collectively “Content”). To the extent new Content, services, or features are added to the Digital Services in the future, the use thereof is subject to these Terms of Service.
Disclaimer of Warranties and Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, OUTTHERE COLORADO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DIGITAL SERVICES IS AT YOUR SOLE RISK. THE DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTTHERE COLORADO IS NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS. UNDER NO CIRCUMSTANCES, WILL OUTTHERE COLORADO, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, SHAREHOLDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “OUTTHERE COLORADO PARTIES”), BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF THE DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS, OR LOSS OR MISUSE OF PAYMENT OR FINANCIAL ACCOUNT DATA. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY OUTTHERE COLORADO PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF OUTTHERE COLORADO PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold the OutThere Colorado Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of any Digital Service, including without limitation your actual or alleged violation of these Terms of Service, or infringement of a third party’s intellectual property or other rights by you or another user of any Digital Service using your computer or account.
Modifications and Interruption to the Digital Services
OutThere Colorado reserves the right to modify or discontinue all or any portion of the Digital Services with or without notice to you. OutThere Colorado shall not be liable to you or any third party should OutThere Colorado exercise such right. You acknowledge and accept that OutThere Colorado does not guarantee continuous, uninterrupted or secure access to the Digital Services, that operation of the Digital Services will not be uninterrupted or error free, and that usage of our Digital Services, may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites, Content and Functionality
Our Digital Services include links to other sites on the Internet that are owned and operated by third parties, and certain content and functionality on or available through our Digital Services may be provided by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Service and privacy policies of each site, and we are not responsible therefor. We encourage our users to review the Terms of Service and privacy policies of third-parties’ sites. In addition, our Digital Services contain certain features and functionality provided and managed by third parties, including without limitation technology for processing payments. The OutThere Colorado Parties do not guarantee, and will not be liable for, any defects in or damages caused by such third party functionality.
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Digital Services and accessing the Content under the laws of the United States or other country.
Subscriptions and Registration
Our Sites may be used and our Mobile Applications may be downloaded free of charge, however, certain Content (such as the E-Edition) may only be available to registered users or those with a valid subscription to one of our print publications. Certain features of our Digital Services will require you to register by providing your personal information, such as your name, e-mail address, mailing address, or other information. For example, to place a classified advertisement on our Digital Service, you will need to complete a registration form provided by one of the service providers managing our Digital Service’s classified advertising (our “Classified Advertising Providers”). Because we have different Classified Advertising Providers for various categories of classified advertisements, it is possible that you may need to complete more than one classified advertisement registration form to place your ads in various categories. In addition, you may need to complete a different registration form to sign up to receive OutThere Colorado e-mail newsletters, or for other purposes. You may also need to complete different processes to unsubscribe from certain email communications from different sites, or to delete or modify your registrations on different Digital Services.
If you wish to register on any of our Digital Services you agree to provide accurate, current and complete personal data and information about yourself (such as name, age, e-mail address, etc.) as required by the applicable registration form, and further agree that you will update such data to keep it accurate, current and complete. OutThere Colorado reserves the right to suspend or terminate your use of the Digital Services if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue. If you obtain a username and password from any Digital Service, you may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify OutThere Colorado immediately of any known or suspected unauthorized use of your username and password or any other breach of security. OutThere Colorado cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
User-Submitted Content and User Conduct
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Digital Services, including without limitation classified ads, postings on message boards or blogs, or other content which does not originate with OutThere Colorado (“User Content”), is the sole responsibility of the person who made such User Content available on the Digital Service. Under no circumstances will OutThere Colorado be liable in any way for any User Content made available through the Digital Services by you or any third party. Since OutThere Colorado does not necessarily review or control the User Content posted on the Digital Services, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing the Digital Services, you may encounter Content that you may consider to be obscene, improper, or for other reasons deemed objectionable. OutThere Colorado has no responsibility for any User Content, including without limitation any errors or omissions therein. OutThere Colorado is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Digital Services, whether by OutThere Colorado, individual users of the Digital Services, or third party contractors or licensors of OutThere Colorado. If you post comments on our Digital Services, you further agree to comply with our commenting policy: http://gazette.com/comments-faq.
Written Content Ownership
All Proprietary Rights to content developed for OutThere Colorado (as defined below), whether or not patentable or copyrightable, made, conceived, written, developed, or first reduced to practice by Contributor, is the sole and exclusive property of OutThere Colorado. OutThere Colorado has the right to syndicate, republish, promote, edit, and remove the content once the Contributor’s work has been published on OutThereColorado.com and has been paid for their work. Contributor cannot republish content developed for OutThere Colorado without the approval of OutThere Colorado. The Contributor may promote the published article on personal social media channels, personal blog, personal website, or personal email newsletter in the form that they find it on OutThereColorado.com. The Contributor must give attribution on all personal online platforms to OutThere Colorado for the proprietary content in the form of a back link to OutThereColorado.com. OutThere Colorado will not unreasonably withhold approval for Contributor from using his/her name or the general concepts but has the discretion on whether to approve further usage of Proprietary Rights with other media outlets.
Multimedia Content Ownership
Unless specifically contracted for an editorial piece, photo essay, or otherwise specified project, Multimedia Contributors retain ownership of their Work that is published on OutThereColorado.com, and thus can publish or use their Work in any way they choose. OutThere Colorado retains the right to reuse a photo or video on any page on OutThereColorado.com or any other published print and digital material for editorial purposes once the photographer or videographer has given express permission for OutThere Colorado to publish the Work. OutThere Colorado must give visible attribution to the photographer or videographer in each place that the multimedia piece is used. OutThere Colorado cannot alter a photo or video that has been given to the company by a Multimedia Contributor in any way unless express permission has been given by the Multimedia Contributor. OutThere Colorado must get express permission from the Multimedia Contributor to use a Work for any other purpose beyond editorial.