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Terms of Use
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gjfreepress.com, including any subdomains, is made available by Grand Junction Free Press (referred to as "we", "our" or "us" in the following text). This Website is an online community portal that offers social networking among Members. This Terms of Use Agreement ("Agreement") is legally binding for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (you simply browse the Website) or you are a "Member" (you have registered). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree, you should leave the Website. If you wish to become a Member and make use of the Services, you acknowledge that you have read this Agreement and agree to its terms when you proceed to register with the Website. This Agreement includes our policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and our Privacy Policy. This Agreement may be modified occasionally and the modification shall be effective upon posting on the Website. You agree to be bound to any modification when you use the Services after any such modification is posted. Please carefully choose the information you post and that you provide to others. Your Profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate and/or offensive material, products or services, and we assume no responsibility or liability for this material. In our sole discretion, we reserve the right to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. 1. Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Access to your Profile may be denied and your Membership may be terminated without warning, if we deem that you have violated any of the above terms. 2. Term. This Agreement shall remain in force while you use the Services or are a Member. You may terminate your Membership and have access to your content blocked at any time by sending an E-mail note to webmaster@gjfreepress.com or sending a letter to the Editor’s address found at the “STAFF” tab at the bottom of each page of the website. 3. Password. When you sign up to become a Member, you will be asked to create a password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 4. Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice. Appropriate legal action will be taken for any illegal or unauthorized use of the Services. 5. Use of Company Directories. The information contained in any directories on this site may not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our providers be liable in any way with regard to such information. 6. Proprietary Rights in Content By displaying or posting any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant us, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. A back-up or residual copy of the Content posted by you may remain on back-up servers after you have removed the Content from the Services, and we retain the rights to those copies. You represent and warrant that: (i) you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any Content posted by you. The Services contain Content that may be protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the Content and the Services. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services. 7. Content Posted We may delete or block access to any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. In our sole discretion, to monitor the Services, we assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post, and any material or information that you transmit to other Members and for your interactions with other Users. We do not endorse and have no control over the Content. We do not necessarily review Content prior to posting and the Content may not reflect our opinions or policies. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures via the Content or Services, you do so fully understanding that such information could be used to identify you. 8. Content/Activity Prohibited The following is a partial list of the kinds of Content that are illegal or prohibited. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that in our sole discretion is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual:
Following is a partial list of the kinds of activity that are illegal or prohibited. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited activity includes, but is not limited to: a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; b) advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation to use any information obtained from the Services to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us $50 for each such unsolicited email or other unsolicited communication you send through the Services; c) covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means; d) any automated use of the system, such as using scripts to add friends; e) interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; f) attempting to impersonate another Member or person; g) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; h) selling or otherwise transferring your Profile; i) using the Services in a manner inconsistent with any and all applicable laws and regulations. j) you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. 9. Online Copyright Infringement Liability. Without limiting the foregoing, we address copyright violations in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA). We will remove infringing content under any valid DMCA notification and we will take reasonable steps to contact the User displaying the removed content so that a counter-notification may be filed. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact our corporate Copyright Agent: Swift Communications, Inc. Attn: Richard Bremenour, Copyright Agent 500 Double Eagle Ct Reno, NV 89521 Fax: 775-850-7677 E-Mail: CopyrightAgent@SwiftCom.com Please provide the following information using the form, NOTICE OF ALLEGED INFRINGEMENT: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 10. Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. 11. Privacy. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 12. Disclaimers We are not responsible for any incorrect or inaccurate Content. Members' profiles on this Website may contain links to other websites and we are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness. Inclusion of any linked website does not imply our approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on this Website or through the Services, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at any event sponsored by our Website, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. 13. Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. 14. U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. 15. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Colorado without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Colorado. Either we or you may demand that any dispute between us arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA). 16. Indemnity. You agree to indemnify and hold our company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes us to be liable to another. 17. Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement was last updated on 10th of February 2009. |
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