Subscriber and Member Agreement
This Agreement sets forth the terms and conditions which
apply to the use by you of the Mountain States Collector
Sites The right to use any product or service offered
by Mountain States Collector is personal to you and
is not transferable to any other person or entity.
1. General.
The Mountain States Collector shall have
the right at any time to change or discontinue any aspect
or feature of the Mountain States Collector Sites including,
but not limited to, the Community Areas, content, hours
of availability, and equipment needed for access or
use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof,
which may be given by means including but not limited
to, posting on the Community Areas a revised version
of this Agreement or notification by electronic mail.
Any use by you of the Community Areas after such notice
shall conclusively be deemed to be acceptance by you
of such changes, modifications, additions or deletions.
You agree to review the terms and conditions of this
Agreement periodically to be aware of such revisions.
2. Use of the Time Inc. Sites and the Community
Areas.
A. The Community Areas shall be used
for lawful purposes only. No material shall be posted
on or transmitted through the Community Areas which
violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane, indecent or otherwise objectionable, which
encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise
violates any law. No conduct shall be undertaken that,
in The Mountain States Collector’s judgment, restricts
or inhibits any other user from using or enjoying the
Community Areas. Advertising or commercial solicitation
may be posted on or transmitted through the Community
Areas but only with The Mountain States Collector’s
express prior approval and only if the advertising or
commercial solicitation complies with all conditions
imposed by Time Inc.
B. The Mountain States Collector. Sites
and the Community Areas contain copyrighted material,
trademarks and other proprietary information including
text, software, photos, video, graphics, music and sound,
and the entire contents ofThe Mountain States Collector
Sites are copyrighted as a collective work under the
United States copyright laws. The Mountain States Collector
is the owner of the copyright in the entire The Mountain
States Collector Sites. The Mountain States Collector
owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content
original to it. Each third party content provider owns
the copyright in content original to it. You may not
modify, publish, transmit, display, participate in the
transfer or sale, create derivative works, or in any
way exploit the content of the The Mountain States Collector
or any portion of it. Except as otherwise expressly
permitted under copyright law, you may not copy, redistribute,
publish, display or commercially exploit any material
from tThe Mountain States Collector Sites without the
express permission of Time Inc. and the copyright owner.
In the event of any permitted copying, redistribution
or publication of material from the Time Inc. Sites,
no changes in or deletion of author attribution, trademark,
legend or copyright notice shall be made. You acknowledge
that you do not acquire any ownership rights by downloading
copyrighted material. Without limiting the generality
of the foregoing, you agree that any text, photo, graphic,
audio, and/or video on The Mountain States Collector
Sites owned by the Associated Press ("AP")
shall not be broadcast, rewritten for broadcast or publication
or redistributed directly or indirectly in any media.
Neither these AP materials nor any portion thereof may
be stored in a computer except for personal and non-commercial
use. AP will not be held liable for any delays, inaccuracies,
errors or omissions therefrom or in the transmission
or delivery of all or any part thereof or for any damages
arising from any of the foregoing.
C. You shall not upload, post or otherwise make available
on the Community Areas any material protected by copyright,
trademark or other proprietary right without the express
permission of the owner of the copyright, trademark
or other proprietary right. You are responsible for
determining that such material is not protected by copyright,
trademark or other proprietary right. You shall be solely
liable for any damages resulting from any infringement
of copyright, trademark or other proprietary right,
or any other harm resulting from any uploading, posting
or submission.
D. You hereby grant to The Mountain States Collector
and their respective affiliates worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and
display any message posted in the Community Areas and/or
any e-mail sent by you to The Mountain States Collector
(in whole or in part) and/or to incorporate it in other
works in any form, media or technology now known or
later developed.
E. You may not (i) select or use a member name or e-mail
address of another person with the intention of impersonating
that person; (ii) use a member name or e-mail address
of anyone else without authorization; (iii) use a member
name in violation of the intellectual property rights
of any person; or (iv) use a member name that The Mountain
States Collector considers to be offensive.
F. You shall provide The Mountain States Collector with
accurate, complete and updated information provided
by you at the time of registration.
G. The Mountain States Collector Sites contain links
to other web sites, resources and advertisers. The Mountain
States Collector is not responsible for the availability
of these external sites nor does it endorse or is it
responsible for the contents, advertising, products
or other materials made available on or through such
external sites. Under no circumstances shall Time Inc.
be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been
caused to a user in connection with the use of or reliance
on any content, goods or services available on such
external site. You should direct any concerns to such
external site's administrator or webmaster.
H. You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment
needed for access to and use of The Mountain States
Collector Sites and Community Areas and all charges
related thereto.
I. The foregoing provisions of this Section 3 are for
the benefit of The Mountain States Collector, its affiliates,
third party content providers and licensors, and each
shall have the right to assert and enforce such provisions
directly on its own behalf.
J. The Mountain States Collector has carefully designed
The Mountain States Collector Sites with the purpose
of delivering certain content to users in a particular
format and with a particular appearance. No third party
shall have the right to utilize the content of The Mountain
States Collector’ Sites in any way that interferes
with that purpose. In particular, The Mountain States
Collector prohibits any party from displaying the content
on The Mountain States Collector Sites in any format
where third party advertising or other materials that
The Mountain States Collector did not authorize is viewed
or viewable together with Time Inc.'s proprietary content.
4. Monitoring.
The Mountain States Collector shall have the right,
but not the obligation, to monitor the content of the
Community Areas to determine compliance with this Agreement
and any other operating rules that may be established
by The Mountain States Collector from time to time.
The Mountain States Collector shall have the right in
its sole discretion to edit, refuse to post or remove
any material submitted to or posted on the Community
Areas. Without limiting the foregoing, The Mountain
States Collector shall have the right, but not the obligation,
to remove any material that The Mountain States Collector,
in its sole discretion, finds to be in violation of
the provisions hereof, otherwise objectionable or stale.
Notwithstanding this right of The Mountain States Collector,
users shall remain solely responsible for the content
of their messages. You acknowledge and agree that neither
The Mountain States Collector nor any of its affiliates
shall assume or have any liability for any action or
inaction by The Mountain States Collector with respect
to any conduct within the Community Areas or any communication
or posting on the Community Areas.
5. Indemnification.
You agree to defend, indemnify and hold
harmless The Mountain States Collector, its affiliates
and their respective directors, officers, employees
and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use by
you of the The Mountain States Collector Sites and/or
the Community Areas.
6. Termination.
The Mountain States Collector shall have
the right to immediately terminate this Agreement with
respect to any user which The Mountain States Collector.,
in its sole discretion, considers to be unacceptable,
or in the event of any breach by you of this Agreement.
The provisions of Sections 5, 6, 7, 8 and 10 shall survive
termination of this Agreement.
7. Trademarks.
All trademarks appearing on the The Mountain
States Collector Sites are the property of their respective
owners, including, in some instances, The Mountain States
Collector.
8. Subscription Services; Products.
(a) Subscription Services. Time Inc. makes available
to users certain online subscription services, and other
paid services and products. The following terms and
conditions shall apply in the event that you subscribe
to any subscription service or services offered by The
Mountain States Collector on the The Mountain States
Collector Sites (the "Subscription"):
9. Miscellaneous.
This Agreement and any operating rules for the The Mountain
States Collector Sites and the Community Areas established
by The Mountain States Collector constitute the entire
agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or
oral agreements between the parties with respect to
such subject matter. This Agreement shall be construed
in accordance with the laws of the State of Colorado,
without regard to its conflict of laws rules. No waiver
by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein
are for convenience only and shall not be given any
legal import.