The Shoot Out Cheyenne Terms of Use
1. Introduction.
Welcome to our website. The Shoot Out Cheyenne, Inc. (“We”,
“us”, or “The Shoot Out Cheyenne”) makes
its websites located at www.theshootoutCheyenne.com and shootoutCheyenne.com/blog
available for general information and for the use of its customers (each a “Website”).
BY ACCESSING, USING OR VIEWING THIS WEBSITE OR ANY CONTENT THEREOF YOU
INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (the “Terms
of Use”) AND THE TERMS AND CONDITIONS OF THE
SHOOT OUT Cheyenne’S PRIVACY POLICY, WHICH IS PUBLISHED AT http://www.theshootoutCheyenne.com/
privacy-policy-shootout-filmmaking-festival.htm
(“Privacy
Policy”), AND WHICH IS INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, then please do not use the Websites
or its Content (as defined below).
These Terms of Use apply to all Users
(defined below) of the Websites. The Websites include all content, information
and data published or made available on or through the Websites, (“Content”)
and services and any other technology or tool offered through the Websites (“Services”).
Users include “Visitors” (who simply browse the Website)
or “Clients” (who have entered into a customer relationship
with The Shoot Out Cheyenne). By using the Websites as a Visitor or Client,
you (“User,” “you” or “your”)
agree to be bound by these Terms of Use and you are only authorized to use the
Website if you agree to abide by all applicable laws and to these Terms of Use.
“User Content” refers to any content, information
or data, including without limitation, text, files, images, or photos, provided
by a User to a Website, including, but not limited to, comments, discussion posts,
and blog posts.
We may change the Terms of Use including, without limitation,
the Privacy Policy, from time to time. We may notify you of any such changes
via e-mail if we have your e-mail address. If you object to any such changes,
your sole and exclusive remedy shall be to terminate your access and use of the
Website and Services. In addition, certain areas of the Website or Services
may be subject to additional terms of use. By using such areas, or any part
thereof, you agree to be bound by the additional terms of use applicable to such
areas. In the event that any of the additional terms of use governing such areas
conflict with these Terms of Use, these Terms of Use shall control.
The
Websites may contain links to third party websites that are not owned or controlled
by The Shoot Out Cheyenne. The Shoot Out Cheyenne has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, The Shoot Out Cheyenne will not and cannot censor
or edit the content of any third-party site. By using the Website, you expressly
release The Shoot Out Cheyenne from any and all liability arising from your use
of any third-party website. Accordingly, we encourage you to be aware when you
leave the Websites and to read the terms and conditions and privacy policy of
each other website that you visit.
2. Grant of Rights and Limitations
– Use of the Website.
The Shoot Out Cheyenne hereby grants you
permission to use the Website for your internal, non-commercial purpose provided:
(i) you not alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (ii) you will otherwise
comply with the terms and conditions of these Terms of Use. The Shoot Out Cheyenne
further grants you permission to post User Content on the Websites solely for
your internal, non-commercial purposes.
The Shoot Out Cheyenne reserves
all rights in and to the Websites not expressly granted by these Terms of Use.
The Shoot Out Cheyenne, in its sole discretion, reserves the right to determine
whether the use of User Content is for commercial or non-commercial purposes.
Furthermore, The Shoot Out Cheyenne may revoke its permission to you to use the
Website or post User Content on the Websites at any time, for any reason and in
its sole discretion.
The “Content” includes, without limitation, User
Content, The Shoot Out Cheyenne Content (defined below) and content of The Shoot
Out Cheyenne licensors. Except for the User Content posted by you or as otherwise
authorized by these Terms of Use, Content appearing on or through the Websites
may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever without
the prior written consent of the respective owners.
You agree not to use
or launch any automated system, including without limitation, “robots,” “spiders,”
“offline readers,” etc., that accesses the Websites in a manner that sends
more request messages to the The Shoot Out Cheyenne servers in a given period
of time than a human can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, The Shoot Out Cheyenne grants
the operators of public search engines permission to use spiders to copy materials
from the site for the sole purpose of creating publicly available searchable indices
of the materials. The Shoot Out Cheyenne reserves the right to revoke rights
granted herein either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including account names, from
the Websites, nor to use the communication systems provided by the Websites for
any commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their Client profiles or User
Content.
3. User Content.
The Shoot Out Cheyenne
does not claim any ownership rights in the User Content. You retain any rights
in such User Content that you may have. You hereby grant to The Shoot Out Cheyenne
a non-exclusive, fully-paid and royalty-free, with a right to sublicense, transferable,
worldwide and irrevocable license to use, modify, publicly perform, publicly display,
reproduce, distribute, and otherwise exploit such User Content for any purpose
whatsoever.
You represent and warrant that: (i) you own the User Content
posted by you on or through the Websites or otherwise have the right to grant
the license set forth in these Terms of Use, (ii) the posting of your User Content
on or through the Websites does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any third party, and (iii)
you will not engage in any activity with regard to the Websites that involves
the transmission of “junk mail”, “chain letters,” or unsolicited mass
mailing, or “spamming.”
You are solely responsible for the User Content
that you post on or through the Websites, any material or information that you
transmit to other Users or Clients and for your interactions with other Users
or Clients, and the consequences of posting or publishing such User Content.
The Shoot Out Cheyenne does not endorse and has no control over the User Content.
The Shoot Out Cheyenne does not guarantee any confidentiality with respect to
any User Content. User Content is not necessarily reviewed by The Shoot Out
Cheyenne prior to posting and does not necessarily reflect the opinions or policies
of The Shoot Out Cheyenne. The Shoot Out Cheyenne makes no warranties, express
or implied, as to the User Content or to the accuracy and reliability of the User
Content or any material or information that you transmit to other Users or Clients.
The Shoot Out Cheyenne does not endorse any User Content or any opinion, recommendation,
or advice expressed therein, and The Shoot Out Cheyenne expressly disclaims any
and all liability in connection with User Content.
In connection with User
Content, you further agree that you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of such rights
or have permission from their rightful owner to post the material and to grant
The Shoot Out Cheyenne all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage The Shoot Out Cheyenne or any
third party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements
or solicitations of business: (v) impersonate another person.
You agree
not to engage in the use, copying, or distribution of any of the Content other
than expressly permitted herein. If you download or print a copy of any portion
of the Website, you must retain all copyright and other proprietary notices contained
therein. You agree not to circumvent, disable or otherwise interfere with security
related features of the The Shoot Out Cheyenne Website or features that prevent
or restrict use or copying of any Content or enforce limitations on use of the
The Shoot Out Cheyenne Website or the Content therein.
The Shoot Out Cheyenne
reserves the right to remove User Content without prior notice and in its sole
discretion. The Shoot Out Cheyenne may delete User Content at any time for any
purpose including but not limited to violations of these Terms of Use or for being
offensive, illegal or violate the rights, harm, or threaten the safety of any
person. The Shoot Out Cheyenne assumes no responsibility for monitoring a Website
for inappropriate Content or conduct. If at any time The Shoot Out Cheyenne
chooses, in its sole discretion, to monitor the Websites, The Shoot Out Cheyenne
nonetheless assumes no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content.
You understand that when using the
Websites, you will be exposed to User Content from a variety of sources, and that
The Shoot Out Cheyenne is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such User Content. You further
understand and acknowledge that you may be exposed to User Content that is inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have against The Shoot
Out Cheyenne with respect thereto, and agree to indemnify and hold The Shoot Out
Cheyenne, its Owners/Operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your use of the
site.
4. The Shoot Out Cheyenne Content.
The Websites
contains content including without limitation, text, software, scripts, software
code and tools, graphics, poll results, aggregated information, photos, sounds,
music, videos, interactive features, that is owned or licensed by The Shoot Out
Cheyenne (“The Shoot Out Cheyenne Content”). The Shoot
Out Cheyenne Content is protected by copyright, trademark, patent, trade secret
and other laws, and as between The Shoot Out Cheyenne and you, The Shoot Out Cheyenne
owns and retains all rights in the The Shoot Out Cheyenne Content.
5.
Clients and Client Profiles.
In order to access some features
of the Website, you must be a Client and set up a Client account (“Account”).
You may not use another Client’s Account without permission. When creating
your Account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on or in association with your Account,
and you must keep your Account password secure. You must notify The Shoot Out
Cheyenne immediately of any breach of security or unauthorized use of your Account.
Although The Shoot Out Cheyenne will not be liable for your losses caused by any
unauthorized use of your Account, you may be liable for the losses of The Shoot
Out Cheyenne or others due to such unauthorized use.
6.
Copyright Policy.
The Shoot Out Cheyenne does
not permit copyright infringing activities and infringement of intellectual property
rights on its Websites, and The Shoot Out Cheyenne will remove all User Content
if properly notified that such content infringes on another’s intellectual property
rights.
If you are a copyright owner or an agent thereof and believe that
any User Content or other content infringes upon your copyrights, you may submit
a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
(ii) Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at that
site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled and information reasonably sufficient to permit the
service provider to locate the material;
(iv) Information reasonably sufficient
to permit the service provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
(v) A statement that you have a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
(vi) A statement
that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
The Shoot Out Cheyenne’s designated Copyright
Agent to receive notifications of claimed infringement is: Copyright Agent, 3107
B, 28th Street, Cheyenne, CO 80302, email: info@TheShootOutCheyenne.com, telephone:
303-641-7228. For clarity, only DMCA notices should go to the Copyright Agent;
any other feedback, comments, requests for technical support, and other communications
should be directed to The Shoot Out Cheyenne customer service through the contact
us link. You acknowledge that if you fail to comply with all of the requirements
of this Section 5(D), your DMCA notice may not be valid.
7. Warranty Disclaimer.
THE WEBSITES ARE PROVIDED TO YOU
“AS IS.” YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHOOT OUT Cheyenne, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITES, ALL CONTENT, AND YOUR USE THEREOF INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,
OR MERCHANTABILITY. THE SHOOT OUT CheyenneMAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF
ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE SHOOT OUT
CheyenneWEBSITE.
8. Limitation of Liability.
IN
NO EVENT SHALL THE SHOOT OUT Cheyenne, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING LOST PROFITS OR LOST DATA, RESULTING FROM THE WEBSITES
OR CONTENT, EVEN IF THE SHOOT OUT CheyenneHAD BEEN APPRISED OF THE POSSIBILITY
OF SUCH DAMAGE. THE SHOOT OUT CheyenneWILL HAVE NO LIABILITY FOR (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY 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 THE SHOOT OUT CheyenneWEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE
SHOOT OUT Cheyenne’S TOTAL CUMULATIVE LIABILITY ARISING FROM THE WEBSITE OR
CONTENT WILL BE LIMITED TO US$50.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE
SHOOT OUT CheyenneSHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites are controlled
and offered by The Shoot Out Cheyenne from its facilities in the United States
of America. The Shoot Out Cheyenne makes no representations that the The Shoot
Out Cheyenne Website is appropriate or available for use in other locations.
Those who access or use the The Shoot Out Cheyenne Website from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
9. Indemnity; Release.
You agree to defend, indemnify
and hold harmless The Shoot Out Cheyenne, its officers, directors, employees and
agents, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney’s fees) arising
from: (i) your use of and access to the Websites; (ii) your violation of any term
of these Terms of Use; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that your User Content caused damage to a third party or violated a third party’s
right. This defense and indemnification obligation will survive these Terms of
Use and your use of the The Shoot Out Cheyenne Website.
To the maximum
extent permitted by applicable law, you hereby release, and waive all claims against
The Shoot Out Cheyenne and its employees and agents from any and all liability
for claims, damages (actual and consequential), costs and expenses (including
litigation costs and attorneys’ fees) of every kind and nature, arising out
of or in any way connected with you use of the Websites. If you are
a California resident, you waive your rights, whether known or unknown, under
California Civil Code § 1542, which states, “A general release does
not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor.” Residents of other states and nations
similarly waive their rights under applicable and/or analogous laws, statutes,
or regulations.
10. Ability to Accept Terms of Use.
You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use. In any case, you affirm that you are over the age of 13,
as the The Shoot Out Cheyenne Website is not intended for children under 13.
If you are under 13 years of age, then please do not use the Websites.
11. Remedies.
You agree that monetary damages may be inadequate
to compensate The Shoot Out Cheyenne for any breach of these Terms of Use. Accordingly,
you agree that any such breach will cause irreparable injury to The Shoot Out
Cheyenne and that, in addition to any other remedies that may be available at
law, in equity or otherwise, The Shoot Out Cheyenne shall be entitled to obtain
injunctive relief.
12. General.
These Terms of Use,
and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by The Shoot Out Cheyenne without restriction. If
there is any dispute between you and The Shoot Out Cheyenne you agree that the
dispute, whether or not related to the Terms of Use, shall be governed by the
laws of the State of Colorado, without respect to its conflict of laws principles,
and you agree to exclusive personal jurisdiction in Colorado and venue in the
state and federal courts of the United States located in Denver County, Colorado.
These Terms of Use, together with the Privacy Policy and any other legal notices
published by The Shoot Out Cheyenne on the Websites, shall constitute the entire
agreement between you and The Shoot Out Cheyenne concerning the Websites. If
any provision of these Terms of Use is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Use, which shall remain in full force
and effect. No waiver of any term of this these Terms of Use shall be deemed
a further or continuing waiver of such term or any other term, and The Shoot Out
Cheyenne’s failure to assert any right or provision under these Terms of Use
shall not constitute a waiver of such right or provision. The Shoot Out Cheyennereserves
the right to amend these Terms of Use at any time and without notice, and it is
your responsibility to review these Terms of Use for any changes. Your use of
the The Shoot Out Cheyenne Website following any amendment of these Terms of Use
will signify your assent to and acceptance of its revised terms. YOU AND THE
SHOOT OUT Cheyenne AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SHOOT OUT CheyenneWEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.