Terms of Use

TERMS OF USE for Longmont Observer

Effective June 15, 2017

 

Welcome to Longmont Observer, a community supported nonprofit news and media organization in Longmont, CO that brings local journalists and volunteers together.

By accessing and/or using Longmont Observer, you agree to these Terms of Use.

In the future Longmont Observer may need to make changes to the Terms of Use. When this occurs, we will provide a date for when the changes will take effect. If you object to any of these modifications, your only option will be to immediately stop using Longmont Observer. Otherwise, by continuing to use Longmont Observer after the effective date means that you agree to be bound by the changes.

 

Creative Commons Licensed.

The Longmont Observer is licensed under a creative commons ‘Attribution 4.0 International (CC BY 4.0)’.  This means you are free to share our content including the copying and redistributing the material in any medium or format as well as adapt, remix, transform and build upon the material for any purpose, even commercially.  You must give appropriate credit for the creator if supplied and attribution parties if designated in a reasonable manner as well as Copyright notice if supplied, notice that refers to Public License and notice that refers to the disclaimer of warranties if supplied and, to the extent practicable, the URL or link to the material if supplied.  In addition, you must indicate if you modified the material and retain an indication of previous modifications, indicate the material is available under Public License and include text/URL/link.  You must also remove attribution information upon request to the extent reasonably practicable.  Notices:  You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.  

 

No warranties are given.  

The license may not give you all the permissions necessary for your intended use.  For example, other rights such as publicity, privacy, or moral rights, may limit how you use the material.

 

Submissions
Users of our site may be permitted to submit content for publication in various areas of the Longmont Observer website. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Longmont Observer website.

By submitting content to Longmont Observer, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time. We also accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

If you are under 18, you confirm that you have permission of your parent or guardian to submit content.

You acknowledge and agree that when you post content on the Longmont Observer website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Longmont Observer, and we do not support or endorse any user content. You acknowledge that we have no obligation to prescreen, monitor, review, or edit any content posted by you and other users on the website.


Privacy rights
Longmont Observer takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the Longmont Observer Web site or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, sponsors and information providers that are accessible on the Longmont Observer are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.

You agree that Longmont Observer may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of Longmont Observer or its affiliates. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.


Children’s use of Longmont Observer
Children under age 13 without signed Parental Consent Forms are not allowed to become members of Longmont Observer. For more information about how Longmont Observer handles children’s privacy, please refer to our Privacy Policy.

Other services and information providers accessible through Longmont Observer have their own policies about children’s privacy, and you should contact them directly for their policies. Longmont Observer strongly recommends that parents supervise the use of the Internet by their children.


Disclaimer
While Longmont Observer strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Longmont Observer guarantee or warrant that any files available for downloading will be free of defects. While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of Longmont Observer and the accuracy and completeness of any information is with the user of our service.

Likewise, Longmont Observer does not warrant that our service will be uninterrupted or error-free. Longmont Observer makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published on the Longmont Observer Web site or any products or services sold or made available through the Longmont Observer site.

Opinions, advice and all other information expressed on Longmont Observer message boards represent the individual’s own views and not necessarily those of Longmont Observer. Longmont Observer does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Longmont Observer spokespersons.

THE LONGMONTOBSERVER.ORG SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER Web site OR RESOURCE).

In no event will Longmont Observer be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Longmont Observer, or any information or services provided on Longmont Observer, even if Longmont Observer has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on Longmont Observer.

Indemnification
You agree to indemnify, defend and hold Longmont Observer harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Jurisdiction
This agreement between Longmont Observer and its users will be governed and interpreted under the laws of the state of Colorado. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

Arbitration
Any legal controversy or legal claim arising out of or relating to these Terms of Use or Longmont Observer shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Denver, Colorado and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Termination
Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate any or all of the Longmont Observer service and/or your license to use the Longmont Observer service, or to block or prevent future access to and use of Longmont Observer.

Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions and comments
We hope you enjoy using Longmont Observer. Questions and comments about the content of Longmont Observer may be sent by submitting an email to contactus@longmontobserver.org.

Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. Longmont Observer cannot address questions except those specifically about content and services that we provide.