WHATIFCOLORADO.COM WEBSITE TERMS AND CONDITIONS OF USE
Welcome to WhatIfColorado.com (the “Site”).
This Site is operated by the Colorado Department of Public Health and
Environment - Emergency Preparedness and Response Division (“EPRD”
or “we” or “us”).
Your access to and use of this Site is subject to the following terms
and conditions of use (“Terms of Use”)
and all applicable laws. By accessing and browsing this Site, you accept,
without limitation or qualification, these Terms of Use.
1. What If? Colorado Competition
This Site has been created for use in connection with the What If?
Colorado Reality Competition (the “Competition”).
If you would like to enter the Competition (i) you must do so in accordance
with the Official Rules,
(ii) you will be required to submit an Audition
Application/Affidavit and Release, and (iii) you will be required
to submit an audition video in accordance therewith. Additional details
regarding the Competition can be found on the home page of our Site.
If you wish to submit video content over the Internet as part of your
entry into the Competition, you acknowledge that such video will be
uploaded through YouTube.com, rather than through the Site. EPRD will
have no liability with regard to your use of the YouTube.com site, or
any claims or damages suffered by you or any third party as a result
of your use of such site, and your use of YouTube.com is solely governed
by the terms of that site.
2. Personal Information You May Provide
If you choose to provide your personal information to us whether on
the Site or otherwise (which may be required for certain actions on
the Site, including if you wish enter the Competition), you agree to
(a) provide true, accurate, current and complete information about yourself
as prompted in the registration page, and (b) to maintain and promptly
update the profile information to keep it true, accurate, current and
complete. You must be at least 13 years old and a current legal resident
of the State of Colorado to vote on the Site in connection with the
Competition. If you are under 13, your parent or guardian must approve
our participation in the activities of this Site. You may not enter
the Competition unless you are at least 18 years old, as described in
the Official Rules
for the Competition.
3. Privacy Policy and Other Agreements
Protecting your privacy is very important to EPRD. Please read our Privacy
Policy before proceeding to use our Site.
Our Privacy Policy describes the types of information we may gather
about you and the types of uses we make of such information, and is
hereby incorporated into these Terms of Use.
These Terms of Use may be supplemented or amended by the terms of entry
forms into the Competition or other “click-through” agreement
between you and EPRD related thereto. For example, when you enter the
Competition or upload certain content to our Site, you may be asked
to agree to special terms governing that Competition entry or that content.
In such cases, you will be asked to expressly consent to the special
terms, for example, by checking a box or clicking a button marked “I
agree.” If the terms relating to the subject matter of these Terms
of Use are different than those special terms, the special terms will
supplement or amend these Terms of Use.
4. Limited Use of Materials
This Site and any e-mails sent to you as a result of registering on
this Site may contain materials including, but not limited to, text,
audio, video and/or images (individually and collectively the “Materials”)
which are protected by international copyright, trade secret and trademark
laws. You may access and use the Materials solely for your personal,
non-commercial use, provided you keep all copyright and other proprietary
notices completely intact. You may not copy, republish, upload, post,
transmit, disclose, distribute, decompile, reverse engineer or disassemble
the Materials. Except for the limited rights explicitly granted to you
herein, EPRD retains ownership of all right, title, and interest in
and to the Materials including all intellectual property rights associated
therewith (e.g., copyrights, patents, trademarks, trade secrets, and
know-how). We may also require you to follow additional rules, guidelines
or other conditions that govern the use of particular Materials which
can be accessed from the Site. Such rules, guidelines or other conditions
are made a part of these Terms of Use.
EPRD’s name and logos and all related product and service names,
design marks and slogans, including without limitation “What
If? Colorado” are the trademarks or service marks of EPRD.
You are not authorized to use any such name or mark in any advertising,
publicity or in any other commercial manner without the prior written
consent of the owner. However, if you are a member of the press or otherwise
wish to publicize information about the Competition in the media, you
may download and use any press releases located on our Site, or please
contact info@whatifcolorado.com for use of video clips or other information.
Any unauthorized modification, tampering or change of any information,
or any interference with the availability of or access to this Site
is strictly prohibited. EPRD reserves all legal rights and remedies
available to it.
5. User-Submitted Materials
This Site contains the ability for entrants into the Competition to
upload or otherwise submit certain biographical information and other
materials (“Competition Materials”) to
the Site or to third party sites. Such Competition Materials may be
posted on the Site (or accessed through the Site via third party sites)
in the sole discretion of EPRD.
By posting any Competition Materials or other content (collectively,
“User-Submitted Materials”) to the Site
(or to third party sites via links through the Site), you are granting
EPRD ownership of all right, title, and interest therein, and EPRD will
have the perpetual, irrevocable, worldwide, royalty-free right, as the
owner of the User-Submitted Materials, to reproduce, modify, display,
distribute, perform, transmit, and create derivative works thereof,
in any and all media or form of communication whether now existing or
hereafter developed, and the right to grant third parties the right
to exercise any of the foregoing rights or any other rights EPRD may
possess as the owner of the User-Submitted Materials, without notification
or compensation to you, and without your consent. EPRD reserves the
right at all times to disclose any User-Submitted Materials or information
as is necessary to satisfy any law, regulation or governmental request.
EPRD, in its sole discretion, may edit, refuse to post or remove any
User-Submitted Materials, in whole or in part, for any reason, including,
without limitation, materials that are objectionable or in breach of
these Terms of Use.
It is a condition of this Site that you do not:
(a) post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any
kind, including, without limitation, any transmission constituting or
encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or
foreign law;
(b) post or transmit any information, software or other material which
violates or infringes upon the rights of others, including material
which constitutes an invasion of privacy or infringement of publicity
rights or which is protected by copyright, trademark or other proprietary
right, or derivative works thereof, without first obtaining permission
from the owner or right holder;
(c) post or transmit any information, software or other material which
contains a virus or other harmful component; or
(d) post, or transmit or in any way exploit any information, software
or other material for commercial purposes which contains advertising,
promotions or marketing.
By providing User-Submitted Materials to the Site (or to third party
sites in connection with the Competition), you warrant and represent
that you own the copyright for such information or have received permission
from the person or entity who owns the copyright. EPRD reserves the
right to remove any User-Submitted Materials without notice and with
or without cause, at any time, in its sole discretion, and to terminate
your access to, and use of, the Site, or to censor, edit or block your
transmissions thereto.
If you wish to request that any User-Submitted Materials you submitted
to the Site be removed from posting on the Site, please send an e-mail
to info@whatifcolorado.com.
If any Competition Material is requested to be removed from the Site
by you or any third party for any reason, the Competition entry associated
with such Competition Material will be disqualified by EPRD.
6. Notification of Claimed Copyright Infringement
In the event that you find content posted on the Site which is believed
to be an infringement of the copyright ownership or other intellectual
property rights of you or any third party, you are requested to immediately
contact EPRD’s Copyright Agent as described below. To report any
alleged infringement, please contact us in writing by providing a signed
statement containing the following information:
(a) your name, address, telephone number, and email address, and if
you are acting on behalf of the owner of the intellectual property,
the name of the owner;
(b) 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;
(c) a detailed description of the copyrighted work or other intellectual
property that you claim has been infringed;
(d) if your claim is based on a registered work, the trademark, patent,
or copyright registration number, and the date of issuance of the registration;
(e) a description of the infringing material and the URL where such
material is located on the Site, or a description of where on our Site
you found such material;
(f) your written statement that you believe, in good faith, that the
use of the work on our Site has not been authorized by the true owner
of the work, its agent, or as a matter of law; and
(g) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to:
Copyright Agent
What If? Colorado
Address: P.O. Box 13919, Denver, Colorado, 80201
Fax: 303-253-9763
E-mail: info@whatifcolorado.com
7. Links to the Site
You are hereby licensed to create hyperlinks to the Site, provided that
the hyperlink accurately describes the content as it appears on the
Site. EPRD reserves the right to revoke these licenses generally, or
your right to use specific links, at any time, with or without cause.
Under no circumstances may you "frame" 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. When
a page of our Site is accessed from a link featured on your web site,
each page within our Site must be displayed in full, without any accompanying
frame, border, margin, design, branding, trademark, advertising or promotional
materials not originally displayed on the page within the Site.
8. Links to Third Party Sites
EPRD may provide links to Internet sites maintained by third parties.
All links to other sites found on the Site are publicly available on
the Internet and are provided solely for the convenience of users. Unless
expressly stated otherwise, links on the Site are not sponsored by,
affiliated with, or the responsibility of EPRD and the owners of such
links are not affiliated with EPRD and do not sponsor or endorse the
Site. EPRD has not tested or verified the content, accuracy, or opinions
expressed on any links on the Site and disclaims any warranty or liability
for damages associated therewith, including, without limitation, computer
viruses or any other damages to your computer as a result of your using
such links to third-party sites.
9. Limitation of Liability and Disclaimer of Warranty
Your use of this Site and the Materials is at your own risk. If you
are dissatisfied with any of the Materials contained in this Site, or
with any of these Terms of Use, your sole and exclusive remedy is to
discontinue accessing and using this Site. The information and services
available on or through our Site may come from a variety of sources.
We may not actively monitor all of the content on our Site or in certain
features or other Materials available on the Site. Therefore, we cannot
verify, endorse or vouch for the information or recommendations available
through our Site. EPRD assumes no responsibility and shall not be liable
for the accuracy, completeness, timeliness, reliability, relevance or
usefulness of any of the Materials contained on this Site. EPRD also
assumes no responsibility and is not liable for any damages to, or viruses
that may infect, your computer equipment or other property on account
of your access to, use of, or browsing in this Site or your downloading
of any Materials from this Site. You are responsible for any information
you disclose on the Bulletin Boards, and EPRD will not be liable for
the consequences of any such disclosure.
NEITHER EPRD, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THIS SITE OR THE MATERIALS IS LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING
OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT
WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, EPRD DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOST REVENUES, OR LOST PROFITS.
NEITHER EPRD NOR ANY Third Party CONTENT OR Service Provider PROVIDES
ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE
TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND EPRD
EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, THE MISUSE
OR MISINTERPRETATION OF, OR THE RELIANCE ON ANY INFORMATION CONTAINED
IN THE MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SITE
AND THE MATERIALS. IN NO EVENT WILL THE LIABILITY OF EPRD TO YOU OR
ANY THIRD PARTY EXCEED $10, or the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations
may not apply to you.
10. Indemnification
You agree to immediately notify EPRD of and to indemnify and to hold
EPRD harmless from any and all claims (including reasonable attorneys’
fees and costs) resulting from: (i) User-Submitted Materials provided
by you; (ii) your acts, omissions, or representations in any way related
to these Terms of Use; (iii) your access to, and use of, the Site; or
(iv) any information or services you receive through the Site. You shall
use your best efforts to cooperate with us in the defense of any claim.
EPRD reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you.
11. Contacting EPRD
If you have any questions about the Competition, these Terms of Use,
this Site, or EPRD, feel free to contact us at info@whatifcolorado.com.
12. General
These Terms of Use will be construed solely in accordance within the
laws of the State of Colorado, without giving effect to principles of
conflicts of laws. Any actions, proceedings or suits concerning or relating
to this Agreement may only be brought in a court of competent jurisdiction
in Denver, Colorado, or in the U.S. District Court for the District
of Colorado in Denver, and each party hereby consents to the jurisdiction
and venue of such court, and waives any objections thereto. In the event
any provision of these Terms of Use is determined to be invalid, such
invalidity will not affect the validity of remaining provisions, and
the parties will substitute for the invalid provision a provision which
most closely approximates the intent and economic effect of the invalid
provision. Failure by either party to complain of any act or failure
to act of the other party or to declare the other party in default,
irrespective of the duration of such default, will not constitute a
waiver of rights hereunder. These Terms of Use constitute the complete
agreement between you and EPRD with respect to the Site and supersedes
all prior communications and agreements. EPRD may at any time, in its
sole discretion, revise these Terms of Use by updating them on this
page of the Site. You are bound by any such revisions and should therefore
periodically visit this web page to review the current Terms of Use