This Site and the services available on or through this Site are only available to entities and individuals who can enter into and become bound by legal contractual obligations under applicable law. In addition, this Site and the services available on or through this Site are only available to people 13 years of age or younger. Individuals need to submit a signed Parental Permission Form in order to use this Site and the services available on or through this Site. If you do not qualify, you may not use this Site.
2. The Registration Process.
2.1 Your Information. In order to use or access certain features or functions of this Site, you are required to register with The Post. In consideration for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.
2.2 Account and Password Security. You will have a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential and you are responsible for all activities that occur under your account. You agree to notify The Post immediately of any actual or suspected unauthorized use of your account. The Post will not be responsible for any loss to you caused by your failure to comply with these obligations.
3. Trademarks, Copyrights & Restrictions.
3.1 Materials. All materials on this Site, including, but not limited to, text, files, images, graphics, illustrations, audio clips, video clips, sounds and photographs posted to this Site (the “Materials”) by The Post and its affiliates and related entities (collectively, “Affiliates”), which includes The Denver Post newspaper and the YourHub printed sections distributed within the newspaper, as well as other related publications, are protected by copyrights, and other proprietary and intellectual property rights (“Intellectual Property Rights”) that are owned by The Post or by its Affiliates. Except as expressly set forth in this Agreement, you may not use, reproduce, perform, display, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Site or any other web site owned or operated by The Post or its Affiliates without the prior written permission of The Post or its Affiliates. You may, however, download one copy of the Materials solely for your personal, non-commercial use consistent with the purpose for which the Materials are made available by The Post, provided that all copyright and other proprietary notices contained in the Materials are left intact, and you may distribute the Materials to third parties solely for the third parties’ personal, non-commercial use consistent with the purpose for which the Materials are made available by The Post, provided that you only distribute the Materials to third parties using the tools available on this Site for such purpose. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of The Post’s and its Affiliates’ Intellectual Property Rights. Use of the Materials or Marks on any other web site or other networked computer environment, whether by way of copying the Materials or otherwise framing the content of this Site, is prohibited without prior written permission from The Post.
3.2 Marks. All trademarks, service marks, logos, banners, and page headers displayed on this Site are the trademarks of The Post or its Affiliates, including without limitation, The Denver Post and Your Hub (collectively, the "Marks"). Except as expressly set forth in this Agreement, you may not display, link to or otherwise use the Marks displayed on this Site without the prior written permission of The Post or its Affiliates.
4.1 Content. You are entirely responsible for all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information or materials (the “Content”) that you upload, post, email, transmit, publish or otherwise make available through this Site (collectively, “Publish”). By Publishing any Content on this Site, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Content you provide and the rights to use the Content as provided in this Agreement; (b) all Content and other information you provide is true, accurate, current and complete and does not violate this Agreement; and (c) the Content will not cause injury to any person or entity. You agree not to Publish on this Site any Materials that: (i) are libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (ii) infringe or misappropriate the Intellectual Property Rights of any person or entity; (iii) are illegal in any way or which advocate illegal activity; (iv) contain advertisements or solicitations to purchase or sell goods or services or to make donations of any kind, including, but not limited to, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation; or (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines or code that may damage, detrimentally interfere with, intercept or expropriate this Site or any data or personal information maintained on this Site.
4.2 License. The copyrights in the Content contributed by users of this Site are held by the individual creators of that Content. For all Content you Publish on this Site, you grant The Post and its Affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content. The foregoing license includes, but is not limited to, The Post’s and its Affiliates’ use of the Content in The Post’s and its Affiliates’ educational, advertising, promotional and informational print and online publications and other media projects. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by The Post and its Affiliates and any right to compensation for The Post’s or its Affiliates’ use of the Content.
4.3 No Pre-Screening or Editing. This Site offers weblogs, photo galleries, chat rooms, bulletin boards, and other interactive areas where users can express opinions, share ideas and information. The Post cannot and does not monitor all of the Content Published on this Site. The Post does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the Content made available through this Site by users of this Site. By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that The Post is not responsible for the acts or omissions of users on this Site. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content. You also agree that under no circumstances will The Post or its Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge that The Post does not pre-screen or pre-approve Content on this Site, but that The Post has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason.
5. Access and Interference.
You agree that you will not: (a) use any robot, spider, scraper or other automated means to access this Site for any purpose without The Post’s express written permission; (b) take any action that imposes or may impose, in The Post’s sole discretion, an unreasonable or disproportionately large burden on The Post’s electronic infrastructure; (c) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (d) bypass other measures The Post may use to prevent or restrict access to this Site.
6. Compliance with Laws.
You agree to comply will all domestic and international laws, statutes, ordinances and regulations (collectively, “Laws”) regarding your use of this Site and any services, features and functions of this Site.
The Post may, in its sole discretion, remove your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any weblogs, forums, photo galleries, bulletin boards, or other interactive areas on this Site, for any reason or for no reason, including without limitation, breach of this Agreement. If your access to this Site is terminated, the restrictions and obligations in this Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Agreement will survive any such termination.
You agree to indemnify The Post and its Affiliates’ officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees, that arise from: (a) your use or misuse of this Site; (b) the Content you Publish on this Site; (c) any disputes that may arise with one or more users of this Site; or (d) any other breach of this Agreement.
THIS SITE IS PROVIDED BY THE POST ON AN "AS IS" BASIS. THE POST AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE POST AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Limitation of Liability.
IN NO EVENT WILL THE POST OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF THE POST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL THE POST’S OR ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT, THIS SITE OR ANY OF THE SERVICES, FEATURES OR FUNCTIONS OFFERED THROUGH THIS SITE, EXCEED THE AMOUNT OF FEES RECEIVED BY THE POST FROM YOU IN THE 6 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH LIABILITY.
11. Jurisdiction and Venue.
This Site is created, operated and controlled by The Post from its offices within the State of Colorado, U.S.A. The Post makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This Agreement is governed by, construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site will be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force and in effect. This Agreement constitutes the entire agreement between you and The Post concerning your use of this Site. If you have any questions in connection with this Agreement, please send a written inquiry to The Post at:
The Denver Post LLC
Attn: Missy Miller
101 W. Colfax Ave.
Denver, Colorado 80202