Terms of Use
Agreement
1. Acceptance of Terms 2. Content 3. Notification of Claims of
Infringement Please provide Colorado Media Services
with the following Notice: 4. Privacy and Information Disclosure
- Privacy Policy The information that Colorado Media
Services may collect about visitors while they are using the Service
falls into two general categories: 1. Information you provide to Colorado
Media Services via forms. 2. Information that is automatically
collected. Colorado Media Services may also collect and store
information that is generated automatically as you surf through the
Colorado Media Services web site. Colorado Media Services does NOT use
"cookies" on any visitor. Advertisers you visit through links on
Colorado Media Services may use "cookies", and mail or email promotional
offers directly to you. Colorado Media Services will not use the
information that it collects automatically online from you while you are
using the Service, nor will Colorado Media Services authorize third
parties to use such information to mail or e-mail promotional offers
directly to you unless you have specifically filled out a form on the
Colorado Media Services web site or have written an email requesting
Colorado Media Services with respect to services offered through one of
our participating organizations. v includes links to other websites, and
provides access to products and services offered by third parties, whose
privacy policies we do not control. When you access another website or
purchase products or services or conduct other transactions through the
Service, use of any information you provide is governed by the privacy
policy of the operator of the site you are visiting or the provider of
such products or services. Colorado Media Services may also make
some content, products and services available through our Service
through cooperative relationships with third party providers, where the
brands of our provider partner appear prominently on the Colorado Media
Services web site. We may share with our provider partner any
information you provide, or that is collected, in the course of visiting
any pages that are made available in cooperation with our provider
partner. In some cases, the provider partner may collect information
from you directly; in which cases the privacy policy of the provider
partner may apply to the provider partner's use of your information. The
privacy policy of our provider partners may differ from ours. If you
have any questions regarding the privacy policy of one of our provider
partners, you should contact the provider directly for more information.
In addition, certain websites affiliated with Colorado Media Services
may provide certain online services that are separate from Colorado
Media Services and may be subject to privacy policies that are different
from Colorado Media Services. If you have any question about the privacy
policy that applies to the online service you are using, you should
click on the relevant link on the page of the service that you are
using. Be aware that Colorado Media Services may
occasionally release information about visitors when release is
appropriate to comply with law, to enforce our Terms of Use or Terms of
Service Agreement, or to protect the rights, property or safety of
visitors to our site, the public, or the Colorado Media Services web
site. 5. Conduct 6. No Spam Policy 7. Limitations on service 8. Termination of service 9. Dealings with organizations and
individuals 10. Proprietary Rights 11. Disclaimer of Warranties 12. Limitations of Liability 13. Indemnity 14. General information 15. Violations of Terms and Liquidated
Damages
Colorado Media Services provides a collection of online services
including ApartmentsMagazine.net (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"), which may be
updated by Colorado Media Services from time to time. Colorado Media
Services will provide notice of materially significant changes to the
Term by posting notice on the Colorado Media Services site. By using
the Service in any way, you are agreeing to comply with these Terms. In
addition, when using particular Colorado Media Services services, you
agree to abide by any applicable posted guidelines for all Colorado
Media Services services, which may change from time to time. Should you
object to any term or condition of these Terms, any guidelines, or any
subsequent modifications thereto or become dissatisfied with Colorado
Media Services in any way, your only recourse is to immediately
discontinue use the service.
You understand that all advertised information, including but not
limited to advertiser offers, rates, features, amenities, special
incentives, and availability is subject to change without notice. All
advertised information should be verified with the advertiser. You
understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. You are entirely responsible
for all Content that you post, email or otherwise make available via the
Service. You understand that Colorado Media Services does not control,
and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Colorado Media Services site and Content available
through the Service may contain links to other websites, which are
completely independent of Colorado Media Services. Colorado Media
Services makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such
site. Your linking to any other web sites is at your own risk. You agree
that you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under no
circumstances will Colorado Media Services 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
the Service. You acknowledge that Colorado Media Services does not
pre-screen or approve Content, but that Colorado Media Services shall
have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service,
for violating the letter or spirit of the Terms or for any other reason.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify Colorado Media Services' agent for
notice of claims of copyright or other intellectual property
infringement ("Agent", at info@apartmentsmagazine.net or: Copyright
Agent, OnSite Publishing Company, 15986 Longmeadow Lane, Colorado
Springs, CO.
Identify the copyrighted work or other intellectual property that you
claim has been infringed;
Identify the material on the Colorado Media Services site that you claim
is infringing, with enough detail so that we may locate it on the web
site;
A 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;
A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner
of the copyright interest involved or that you are authorized to act on
behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
Colorado Media Services will respond and/or forward this information to
the alleged infringer.
The following policy governs Colorado Media Services' online collection
of information from you. Specifically, it outlines the types of
information that Colorado Media Services gathers about you while you are
using the Service, and the way that Colorado Media Services uses and
does not use this information. This Privacy Policy, including the
children's privacy statement, does not apply to any information you may
provide to us or that Colorado Media Services may collect offline and/or
through other means; for example, when you fill out the form to list
your apartment with Colorado Media Services, or fill out a form for an
apartment.
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors
in any way;
that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not limited to, a
Colorado Media Services employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person
without that person's explicit consent.
that is false, deceptive, misleading, deceitful, or constitutes "bait
and switch".
that violates the Federal and State Laws.
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships.
that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement.
that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the Colorado Media Services sites which are not
designated for such purposes; or (2) emailed to Colorado Media Services
site users who have requested not to be contacted about other services,
products or commercial interests.
that includes links to commercial services or web sites, except as
approved by Colorado Media Services.
that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including
without limitation items the sale of which is prohibited or regulated by
Colorado law.
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful
purposes;
use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is made
for internet search engines (e.g. Google) and non-commercial public
archives (e.g. archive.org).
purposefully post Content in an irrelevant category or city, repeatedly
post the same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure; or
attempt to gain unauthorized access to Colorado Media Services' computer
systems or engage in any activity that disrupts, diminishes the quality
of, interferes with the performance of, or impairs the functionality of,
the Service or the Colorado Media Services website.
You understand and agree that sending unsolicited email advertisements
to Colorado Media Services email addresses or through Colorado Media
Services computer systems, which is expressly prohibited by these Terms,
will use or cause to be used servers located in Colorado. Any
unauthorized use of Colorado Media Services computer systems is a
violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.). Such violations may subject the sender and his or her agents to
civil and criminal penalties.
You acknowledge that Colorado Media Services may establish limits
concerning use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or
stored by the Service, and the frequency with which you may access the
Service. You agree that Colorado Media Services has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that Colorado Media Services
reserves the right at any time to modify or discontinue the Service (or
any part thereof) with or without notice, and that Colorado Media
Services shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
You agree that Colorado Media Services, in its sole discretion, has the
right (but not the obligation) to delete or deactivate your account,
block your email or IP address, or otherwise terminate your access to or
use of the Service (or any part thereof), immediately and without
notice, and remove and discard any Content within the Service, for any
reason, including, without limitation, if Colorado Media Services
believes that you have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that Colorado Media Services shall not be
liable to you or any third-party for any termination of your access to
the Service. Further, you agree not to attempt to use the Service after
said termination. Sections 2, 4, 6 and 9-13 shall survive termination of
these Terms.
Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You agree that Colorado Media Services
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party,
you understand and agree that Colorado Media Services is under no
obligation to become involved. In the event that you have a dispute with
one or more other users, you hereby release Colorado Media Services, its
officers, employees, agents and successors in rights from claims,
demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and/or our
service.
The Service is protected to the maximum extent permitted by copyright
laws and international treaties. Content displayed on or through the
Service is protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, and international conventions.
Any reproduction, modification, creation of derivative works from or
redistribution of the Sites or the collective work is prohibited.
Copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is
prohibited. You further agree not to reproduce, duplicate or copy
Content from the Service, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code
contained in the Service. Without limiting the foregoing, you agree not
to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service. Although Colorado Media
Services does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant,
to Colorado Media Services an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and
distribute said Content and to prepare derivative works of, or
incorporate into other works, said Content, and to grant and authorize
sublicenses (through multiple tiers) of the foregoing.
YOU AGREE THAT USE OF THE Colorado Media Services SITE AND THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THE Colorado Media Services SITE AND THE
SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, Colorado Media Services DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE Colorado Media Services SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, Colorado Media Services DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE Colorado Media Services SITE OR THE SITES OR SERVICE, OR ACCESSED
THROUGH ANY LINKS ON THE Colorado Media Services SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, Colorado Media Services DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH
THE Colorado Media Services SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL Colorado Media Services BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (EVEN IF Colorado Media Services HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF
THE Colorado Media Services SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE Colorado Media Services SITE OR THE
SERVICE, FROM INABILITY TO USE THE Colorado Media Services SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE Colorado Media Services SITE OR THE SERVICE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON
OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE Colorado Media Services SITE OR THE SERVICE OR ANY
LINKS ON THE Colorado Media Services SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH
THE Colorado Media Services SITE OR THE SERVICE OR ANY LINKS ON THE
Colorado Media Services SITE. THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of
liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
You agree to indemnify and hold Colorado Media Services, its owners,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs,
made by any third party due to or arising out of Content you submit,
post or make available through the Service, your use of the Service,
your violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Colorado Media
Services and govern your use of the Service, superseding any prior
agreements between you and Colorado Media Services. The Terms and the
relationship between you and Colorado Media Services shall be governed
by the laws of the State of Colorado without regard to its conflict of
law provisions. You and Colorado Media Services agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of El Paso, Colorado. The failure of Colorado Media Services to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the Terms 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 Service or the Terms must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Please report any violations of the Terms, by copying or identifying it
for review, or by emailing to info@apartmentsmagazine.net. Our failure
to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.