This is the Terms of Service for all Web sites and mobile applications owned or operated by Colorado Springs Gazette LLC (“The Gazette”), located at 30 E. Pikes Peak Avenue, Suite #100, Colorado Springs, CO 80903, including, without limitation Gazette.com and all other sites under The Gazette’s ownership or control and featuring these Terms of Service (collectively, the “Sites” and each individually referred to herein as a “Site”) and The Gazette’s owned or operated mobile applications (the “Mobile Applications”). The Mobile Applications and Sites are defined collectively as our “Digital Services.” 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, THE GAZETTE 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. THE GAZETTE 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 THE GAZETTE, 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 “GAZETTE 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 GAZETTE 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 THE GAZETTE 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 Gazette 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
The Gazette reserves the right to modify or discontinue all or any portion of the Digital Services with or without notice to you. The Gazette shall not be liable to you or any third party should The Gazette exercise such right. You acknowledge and accept that The Gazette 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 Gazette 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 The Gazette 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. The Gazette 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 The Gazette immediately of any known or suspected unauthorized use of your username and password or any other breach of security. The Gazette 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 The Gazette (“User Content”), is the sole responsibility of the person who made such User Content available on the Digital Service. Under no circumstances will The Gazette be liable in any way for any User Content made available through the Digital Services by you or any third party. Since The Gazette 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. The Gazette has no responsibility for any User Content, including without limitation any errors or omissions therein. The Gazette 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 The Gazette, individual users of the Digital Services, or third party contractors or licensors of The Gazette. If you post comments on our Digital Services, you further agree to comply with our commenting policy: http://gazette.com/comments-faq.
You agree that you will not use any Digital Service to transmit or make available any Content that:
Ownership of User Content
If any User Content is your original work, then you own the copyright in that work. The Gazette does not claim any copyrights in original works created and posted by individual visitors to any Digital Service. However, by uploading, posting, transmitting or otherwise making any User Content available on or through a Digital Service, you are granting The Gazette, and its parent, subsidiaries, and affiliates, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or form (including without limitation our print publications), without any obligation of notice, attribution or compensation to you.
Ownership of Feedback
The Gazette welcomes your comments and feedback regarding the Digital Services. All information and materials submitted to The Gazette through any Digital Service or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to any Digital Service or the business of The Gazette (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but The Gazette reserves the right to treat any such Feedback as the confidential information of The Gazette. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting Feedback to The Gazette, you assign to The Gazette, and its parent, subsidiaries, and affiliates, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The Gazette will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Disclaimer Regarding Accuracy of Content
Some of the Content on the Digital Services, including without limitation User Content, has been provided by or obtained from parties other than The Gazette. The Gazette Parties make no representations or warranties as to the accuracy or reliability of any Content on the Digital Services created or provided by third parties, or with regard to any product or service provided or offered by any vendor on the Digital Services (including without limitation advertisers on the Digital Services and individuals or entities placing classified advertisements on the Digital Services) and you acknowledge that any reliance on representations and warranties provided by any party other than The Gazette shall be at your own risk. You expressly agree to hold The Gazette harmless for any claims of damage arising from any product or service provided by any third party.
The classified advertising on some of our Digital Services is managed by Classified Advertising Providers which may or may not be identified on the page where such advertisements are located. We reserve the right to change our Classified Advertising Providers at any time without notice to you. Submission of a classified advertisement for publication on any of our Digital Services does not constitute a commitment on the part of The Gazette or our Classified Advertising Providers to publish the advertisement, and publication of an advertisement does not constitute an agreement from The Gazette or our Classified Advertising Providers for continued publication. The Gazette and our Classified Advertising Providers reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in their sole discretion. Rates and specifications are subject to change. Purchase or submission of Classified Advertisements may be subject to additional terms and conditions located on the applicable pages of the Digital Services.
Copyright and Trademark Information
This license grant is between you and The Gazette, and not any other third-parties. No title to or ownership of any Content or any materials within our Digital Services is transferred from The Gazette to you by these Terms. All Content included or available on the Digital Services, including Digital Service’s software code, design, text, graphics, interfaces, and the selection and arrangements thereof is copyright The Colorado Springs Gazette LLC or its subsidiaries and/or its third party licensors, with all rights reserved, and is protected by the intellectual property rights of those owners. Any use of materials on the Digital Services, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Gazette, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of The Gazette. You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link to the Digital Services provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by The Gazette. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, if you need reprints of any of The Gazette articles or photos for commercial use, please visit our Reprints page. You may not make any use of Content owned by any third parties which is available on our Digital Services, without the express consent of those third parties.
All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of the Digital Services will be deemed by The Gazette to be an intentional infringement. All trademarks displayed on the Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with The Gazette.
The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing www.gazette.com, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.
Notification of Claimed Copyright Infringement
In the event that you find Content posted on the Digital Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact The Gazette’s Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
1. your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner
2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4.if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
5. a description of the infringing material and the URL where such material is located on the Digital Service, or a description of where on our Digital Service you found such material;
6.your written statement that you believe, in good faith, that the use of the work on our Digital Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to: Copyright Agent, The Colorado Springs Gazette LLC 30 E. Pikes Peak Avenue, Suite #100, Colorado Springs, CO 80903 Fax: 719-636-0224 E-mail firstname.lastname@example.org. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
Links to the Site and RSS Feeds
Unless otherwise prohibited under these Terms of Service, you are hereby licensed to create hyperlinks to the content on the Sites, provided that the hyperlink accurately describes the content as it appears on the Site. You are further granted a right to implement the RSS feeds offered by our Sites, solely in the manner described on our Site.
Under no circumstances may you "frame" the Sites or any of their Content or copy portions of the Sites to a server, except as part of an Internet service provider's incidental caching of pages. When a page of our Sites is accessed from a link (including RSS feeds) featured on your web site, each page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The Gazette reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
Permitted Use of Mobile Applications
Our Mobile Applications are protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of The Gazette. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile Applications, or in anyway compromise the security of data stored or transmitted by our Mobile Applications.
Mobile Devices & Third-Party Restrictions
If you access our Digital Services on mobile devices, or if you request that we send you text messages, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from our Digital Services if you expressly agree to receive them. Standard/other text messaging rates apply, according to your wireless carrier’s rate plan, and we recommend that you review your plan for details. We will not be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.
Any Mobile Application installed from the Apple App Store must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store. If you install a Mobile Application from the Apple App Store, The Gazette, not Apple, is responsible for: (1) The Content in the Mobile Application; (2) Maintenance or support of any Mobile Application; (3) Any product warranties, whether express or implied; (4) Addressing any claims of the end-user or any third party relating to the Mobile Application or the end-user’s possession and/or use of that Mobile Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and, (5) The investigation, defense, settlement and discharge of any third party claim that the Mobile Application or your possession and use of that Mobile Application infringes a third party’s intellectual property rights. Further, if you install a Mobile Application from the Apple App Store, you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, Apple will have the right (and you will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.
The laws of the state of Colorado and the United States govern these Terms of Service and any claims arising out of or relating to use of the Digital Services, without giving effect to any choice of law rules. We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Colorado Springs, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Digital Services.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. By using any of our Digital Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by The Gazette, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. You agree and understand that these Terms of Service constitute the entire agreement between you and The Gazette regarding your use of the Digital Services, and that any and all prior agreements between you and The Gazette are superseded by these Terms of Service. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with The Gazette (including without limitation an agreement to provide content for the Digital Services such as through a blog or freelance author agreement). You may not amend these Terms of Service. Any failure by The Gazette to exercise its rights under these Terms of Service or to enforce the terms hereof will not constitute a waiver of those rights. If any term of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of these Terms of Service will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Digital Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Effective Date of this Terms of Service Agreement
This Terms of Service Agreement is effective as of Oct. 22, 2014.