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.