1 ACCEPTANCE OF BUZZTOWN TERMS
Please read the following Terms carefully. Conditioned upon your
acceptance of these Terms of Use ("Terms") and Privacy Policy (available at
http://www.buzztown.com/policies), the Durango Herald, Inc. d.b.a.
BuzzTown.com™ ("BuzzTown") grants you permission to access and use
its website (the "Site") as set forth in these Terms.
The Terms and Privacy Policy may change from time to time. BuzzTown may
modify these Terms of Use and/or the Privacy Policy effective immediately
upon notice to you either by (1) electronic mail and/or (2) posting to the
Site (which shall be deemed constructive notice). Your continued use of
the Site following notice of any modification shall be conclusively deemed
an acceptance of all such modification(s).
Last updated: 11/05/2012
1. Ability to Accept Terms and Registration.
You affirm that you are either (1) more than 18 years of age, or (2) more than
13 years of age and either (a) an emancipated minor, or (b) possess legal
parental or guardian consent. You also affirm that you are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms, and to abide by and
comply with these Terms. You also affirm that any registration information
that you submit to BuzzTown is truthful, current, and accurate, and you agree
to make reasonable efforts to update such information as necessary.
2. Your Use of the Site
The Site provides an online business directory and web presence where you
can interact with businesses. You are solely responsible for your interactions
on the Site. BuzzTown does not control, is not responsible for, and does not
guarantee the accuracy, integrity, or quality of the content made available
through the Site by Users of the Site. By using the Site, you may be exposed
to content that you may find offensive, indecent, inaccurate, misleading, or
otherwise objectionable. By using the Site, you agree to accept such risks and
you agree that BuzzTown is not responsible for the acts or omissions of other
Users on the Site. You agree that you must evaluate, and bear all risks
associated with, your use of and reliance on the Site. You also agree that
under no circumstances will BuzzTown 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 the
content posted, emailed or otherwise made available via the Site.
The Site may provide information about events or promotions by a business
that allows you to purchase different types of products and services provided
by the business. BuzzTown is not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these events, promotions,
products, or services. If you make a purchase from a merchant’s site or sites
linked to the Site, the information obtained during your visit to that
merchant's online store or site, and the information that you give as part of
the transaction, such as your credit card number and contact information, is
collected by the merchant. A merchant may have separate privacy and data
collection practices. For more information regarding a merchant, its online
store, and its privacy policies, go to that merchant's site or contact the
merchant directly. You agree that BuzzTown has no responsibility or liability
for any other merchant’s independent practices, and you waive all claims
against BuzzTown for any harm or damage arising from your use of such
merchant’s sites, services, or goods, including when such sites, services or
goods are accessed through the Site. You release BuzzTown and its partners,
affiliates, suppliers, licensors, officers, directors, shareholders, employees,
representatives, contractors, agents and content providers from any damages
that you incur arising from or relating to your purchase or use of any products
or services accessed through the BuzzTown Site.
3. Links
BuzzTown has no control over, and is not responsible for, the Terms of Use,
Privacy Policy, or content of any sites that may be linked to the Site. Those
links are provided for your convenience only.
Unless otherwise prohibited under these Terms, you may create hyperlinks to the
Site, provided that the hyperlink accurately describes the content as it
appears on the Site. BuzzTown reserves the right to revoke this license
generally, or your right to use specific links, at any time. Under no
circumstances may you "frame" or "embed" or "stream" the Site, or any of its
content, or copy portions of the Site to a server, except as part of an
Internet service provider’s incidental caching of pages. Any such link must
result in the display of the applicable page of the Site in its entirety
(including all trademarks, branding, advertising and promotional materials),
without any accompanying frame, border, margin, design, branding, trademark,
advertising or promotional materials not originally displayed on the page
within the Site.
4. Reproduction or Distribution of Site Contents
BuzzTown owns and operates the Site. You may not copy, reproduce, or
distribute (or facilitate someone else in copying, reproducing, or
distributing) any part of the content placed on the Site by BuzzTown for any
purpose other than individual viewing of the Site or to engage in
non-commercial fair use and fair comment, unless you get the advance, express
written consent of BuzzTown.
When downloading or sharing content, Users must keep intact all copyright
and other notices contained in the contents. Any modification of the contents
or use of the contents for any other purpose, including but not limited to
commercial use or commercial redistribution, may violate BuzzTown’s copyright
and other proprietary rights. Any use of the contents of the Site via any other
web site or other networked computer environment, including but not limited to
framing or remote replaying, is prohibited. Nothing contained on this Site
intends to grant an implied or express license or right to use anything
contained on any Site except as expressly set forth in these Terms. Any other
use is strictly prohibited.
5. Code of Conduct for Submissions
You are entirely responsible for all reviews and/or votes that you post or
otherwise make available through the Site ("Submissions"). By making
Submissions, you represent and warrant: (a) the Submissions are true, accurate,
current and complete and do not violate these Terms; and (b) the Submissions
will not cause injury to any person or entity. In addition, you must adhere to
the following:
You may post reviews about and place votes concerning a business
only in the manner provided on the Site.
All comments provided in the review and all voting must be
truthful.
All comments provided in the review and all voting must be fair,
timely, and objective and unrelated to personal issues or other subjective
circumstances.
All comments must relate to events that have occurred within the
past year.
All comments must be presented in a manner suitable for a public
forum. No profanity or indecent language is permitted. Any comments that
create or contribute to a negative social stigma are also prohibited. By way
of example only, and without limiting the foregoing, negative social stigma
would include statements that a business property is "haunted" or references to
a person having a communicable disease.
You must provide specific facts in the review that would permit
the business to respond.
You may not post a review of a business or place votes relating
to a business with which they are personally or financially affiliated in any
way. BuzzTown retains all discretion to determine whether this provision has
been violated.
You may not post reviews of a business or place votes relating to
a business if you are a competitor of that business, or are personally or
financially affiliated with a competitor of that business. BuzzTown retains
all discretion to determine whether this provision has been violated, including
whether you are a competitor.
Businesses have the right and opportunity to post a response to a
review, which will be posted as long as the review is posted and which must
also comply with these Terms.
BuzzTown retains complete discretion as to how long reviews and
votes will remain posted.
The business that was reviewed or received a vote has the right
to file a written complaint to BuzzTown stating that the review or vote does
not comply with these Terms and explaining why.
BuzzTown retains all discretion to reject or to remove a review
or vote for failure to comply with these Terms. You will have no right to
reconsideration, a second decision or an appeal of BuzzTown’s decision to
remove a review or vote. BuzzTown’s decision will be final.
If your review or vote is removed for failure to comply with
these Terms, you may lose the privilege to participate in the review/voting
system. The decision to deny the privilege to submit further reviews/votes is
within BuzzTown’s complete discretion.
Upon violation of any of the provisions of these Terms you may be
blocked from posting reviews or voting.
6. Permission for Use of Submissions
The copyrights in Submissions are held by the individual creators of the
Submissions. You grant BuzzTown 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
Submissions 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 Submissions. The foregoing license includes, but is not limited
to, BuzzTown’s use of the Submissions in the BuzzTown’s print and online
publications, any advertising or promotion of same, and other media projects.
You explicitly agree that BuzzTown may reproduce, in whole or in part, modified
or otherwise, any content that you submit through the Site or in print format.
You hereby waive any right to inspect or approve any versions of the
Submissions or other use of the Submissions by BuzzTown and any right to
compensation for BuzzTown’s use of the Submissions.
7. Agent to Receive Notification of Claimed Infringement
BuzzTown does not knowingly publish (or permit individuals to publish)
copyrighted material without permission. If you believe that any material
published on the Site has been used in a way that constitutes copyright
infringement and if you are authorized to act on behalf of the owner of the
copyright that is allegedly infringed, please notify BuzzTown’s Copyright Agent
of any alleged infringement. Your notice to the Copyright Agent should be in
the form of a written, signed statement containing the following information:
(1) a description of the infringing material; (2) a description of the
copyrighted work(s) that you believe has been infringed; (3) the name of the
owner of the copyright; (4) your name; (5) your address, telephone number
and/or email address; (6) a statement that you have a good faith belief that
the allegedly infringing use was not authorized by the owner, an agent for the
owner, or by law; (7) a statement that all of the information you have provided
is true; and (8) a statement, made under penalty of perjury, that you are the
owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be sent BuzzTown by U.S. mail, fax, or e-mail, addressed
as follows:
BuzzTown.com
Attn: DMCA Copyright Agent
1239 Main Avenue
Durango, CO 81301
Tel: 970-403.1240
Fax: 866-724-0917
E-mail: support@buzztown.com
8. Termination
You agree that BuzzTown may terminate your use of the Site at any time, with
or without cause. You agree that BuzzTown will not be liable to you or any
third party as a result of such termination. The prospective obligations of
these Terms will survive termination of your access to the Site or these
Terms.
9. No warranties
The contents of the Sites are provided "as is" and without any warranty of
any kind, whether express or implied. To the fullest extent permitted by
applicable law, BuzzTown disclaims all express or implied warranties of
merchantability, warranties of fitness for a particular purpose, and all other
express or implied warranties. BuzzTown expressly disclaims any warranty that
the functions contained in the contents of the Site will be uninterrupted or
free of errors, that defects will be corrected, or that the Site or the server
that makes the Site available are free of viruses, worms, or other elements
harmful to your computer system. Some states do not allow the exclusion of
implied warranties, so the disclaimer of implied warranties may not apply to
all users of any Site.
10. Liability exclusions
You agree that BuzzTown shall not be liable to you or to any other person
for any actual, special, consequential, or any other damage that results from
your use of, or your inability to use, the Site or its contents, including
without limitation any (a) errors, mistakes or inaccuracies of content;
(b) personal injury or property damage of any nature whatsoever, resulting from
your access to and use of the Site; (c) unauthorized access to or use of our
secure servers and/or any and all personal information stored therein;
(d) interruption or cessation of transmission to or from the Site; (e) bugs,
viruses, Trojan horses or the like, which may be transmitted to or through the
Site by any third party, and/or (f) errors or omissions in any content or for
any loss or damage of any kind incurred as a result of your use of any content
posted, emailed, transmitted or otherwise made available via the Site, whether
based on warranty, contract, tort or any other legal theory, and whether or not
BuzzTown is advised of the possibility of such damages.
If you post, transmit, or submit to the Site anything in violation of these
Terms, you agree to indemnify BuzzTown and its agents, successors, and
subsidiaries for any and all claims, damages, demands, injuries, or losses
arising from whatever it was that you posted, transmitted, or submitted.
11. Arbitration of Disputes
All claims arising from a dispute or matter in question relating to the
Terms or your use of the Site shall be decided by binding arbitration before a
single arbitrator in the State of Colorado. Notice of the demand for
arbitration shall be provided in writing. The notice and all subsequent
procedures shall be in a format approved by the American Arbitration
Association ("AAA") pursuant to the Commercial Rules of the AAA, and pursuant
to the laws of the State of Colorado. Judgment at arbitration may be entered
in any court having jurisdiction thereof. Judgment of the arbitrator shall be
final and binding, and each party to this Agreement ("Party") expressly waives
its right to an appeal and/or jury trial. Subject to any limitations of
liability set forth herein, the arbitration award may include compensatory
(meaning actual) damages, but under no circumstances shall the arbitrator be
authorized to, nor shall the arbitrator, award punitive damages or multiple
damages against either Party. The prevailing Party shall be entitled to
recover its costs, fees and expenses, including reasonable attorneys’ fees in
connection with the arbitration. Until such a determination, each Party shall
bear its own costs.
12. Severability; Entire Agreement
If any portion of the Terms is held to be invalid, you agree that such
invalidity is not intended to affect any other portion of the Terms. The Terms
and Privacy Policy (available at http://www.buzztown.com/policies) and any
applicable BuzzTown Service Agreement for business members, contain the entire
understanding between you and BuzzTown governing your use of the Site.
