Gunnison Valley's Local Site | MyGunnisonValley.com

MYGUNNISONVALLEY.COM TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Gunnison Country Publications, LLC ("GCP") offers the MyGunnisonValley.com web site (the "Web Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms of Use and any subsequent modifications.

These Terms of Use May Change

As a result of changes to this Web Site (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting any such revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of this Web Site. Your continued use of this Web Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by visiting this URL: http://www.MyGunnisonValley.com/pages/termsOfUse.php.

GCP Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Web Site, as well as how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Personal and Noncommercial Use

The Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to GCP that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use.

Contributing to the Web Site

The Web Site includes various interactive community areas ("Community Areas") where people can post content to the Web Site. These include (but are not limited to) user profiles, blogs, posts, comments on profiles and blogs, and comments on posts.

You agree to adhere to the following rules when posting content of any type, including information, data, text, messages, graphics, photographs, video, audio, or other files or materials, or links to third party sites ("Content") in any of the Community Areas. You agree not to use this Web Site to upload, post, transmit or otherwise make available:

any false, defamatory, libelous, abusive, threatening, racially offensive, sexually explicit, obscene, harmful, vulgar, hateful, illegal, or otherwise objectionable Content;
Content that may be harassing of any other Web Site contributors or other third parties;
Content that personally attacks an individual whose identity can be easily learned from what you post (An example of a personal attack is posting negative comments about an individual in a way meant to demean that person. Note that posting your opinion about someone's ideas or actions is not a personal attack);
Content that discloses private or personal matters concerning any person;
Content that you know to be false, misleading, or fraudulent;
Content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
use of profanity;
Content including advertisements or otherwise focused on the promotion of commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain;
any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any Content 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; or
any Content directly or indirectly soliciting responses from minors (defined as anyone under 18 years of age).

You assert that the information, pictures, music and other files you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available on the Web Site.

You are solely responsible for Content you upload, post, transmit or otherwise make available to others using this Web Site. Under no circumstances will GCP be liable in any way for any Content posted on or made available through this Web Site by you or any third party.

You understand that GCP does not generally pre-screen certain Content posted on or available through the Web Site by individual authors, and that it has no obligation to do so. GCP and its designees have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through the Web Site. Without limiting the foregoing, GCP and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise deemed objectionable by GCP in its sole discretion.

Ownership of Content Posted by Individuals

You retain ownership of the copyright in any Content you publish to the Web Site. If the Content is the original work of the individual posting the Content, then the individual posting the Content owns the copyright in that work. GCP does not claim any copyrights in original works created and posted by individual visitors to this Web Site. However, by uploading, posting, transmitting or otherwise making any Content available on or through this Web Site, you are granting GCP an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such Content in any medium or form, without any obligation of notice, attribution or compensation to you.

Ownership of Feedback

GCP welcomes your comments and feedback regarding this Web Site. All comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Web Site or the business of GCP (collectively, "Feedback") submitted to GCP, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but GCP reserves the right to treat any such Feedback as the confidential information of GCP. By submitting Feedback to GCP, you assign to GCP, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. GCP will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you.

Ownership and Use of Web Site Content

GCP retains full copyright ownership, rights and protection in all material contained on the Web Site other than Content contributed by individuals to the Community Areas, as described above. The images and materials found in the Web Site are copyrighted or otherwise proprietary and may be downloaded or reprinted for personal use only, provided that you maintain all copyright and other notices contained therein. Permission to reprint or electronically reproduce any document, photograph or graphic in whole or in part for redistribution is expressly prohibited, unless prior written consent is obtained from GCP.

Agent to Receive Notification of Claimed Infringement

GCP does not knowingly publish (or permit individuals to publish) copyrighted materials without permission. If you believe that any materials published on this Web Site have 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 use this form to notify our Copyright Agent of any alleged infringement. If you are unable to access this form, you may provide our Copyright Agent with a signed statement containing the following information:

a description of the infringing material
a description of the copyrighted work(s) that you believe has been infringed;
the name of the owner of the copyright,
your name,
your address, telephone number and/or email address,
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,
a statement that all of the information you have provided is true, and
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 to us by U.S. mail, fax, or e-mail, addressed as follows:

Gunnison Country Publications, LLC
Attn: Copyright Agent
Mailing address: 218 N. Wisconsin Street, Gunnison, Colorado 81230
Fax: 970-641-65515
E-mail: copyrightagent@mygunnisonvalley.com

Registration Information and Password

You may register on the Web Site by creating a user profile, including a unique user name and password. You agree that you will (a) provide accurate, current and complete information about yourself when you register for the Web Site, and (b) promptly update such information to keep it accurate, current and complete. You may not share your username and password with any other person or authorize any other person to use your username and password. You are fully responsible for all activities that occur under your username and password. You agree to notify GCP immediately of any known or suspected unauthorized use of your username and password or any other breach of security. The GCP Parties will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

Disclaimer of Warranties and Limitation of Liability

You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of GCP. Accordingly, GCP assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.

GCP does not monitor all Content posted by individuals on this Web Site. GCP does not guarantee or control, and is not responsible for, the accuracy, correctness, suitability, completeness, integrity, or currency of any information posted on or made available through this Web Site by an author other than GCP.

TO THE FULLEST EXTENT PERMITTED BY LAW, GCP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THIS WEB SITE, AND ANY RELIANCE THEREON, IS AT YOUR SOLE RISK. THIS WEB SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UNDER NO CIRCUMSTANCES, WILL GCP, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS WEB SITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH OR IN CONNECTION WITH THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF GCP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GCP, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY THE "GCP PARTIES"), UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold the GCP Parties harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or relating to your use of the Web Site in a manner that violates or is alleged to violate these Terms of Use. GCP shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links/Advertisements

The Web Site may link to other sites operated by third parties ("Third Party Sites"). The inclusion of any link to such sites does not imply endorsement by GCP of such Third Party Sites, but is for your reference and convenience only. GCP has not reviewed all Third Party Sites linked to the Web Site and is not responsible for the content, products or services featured thereon, and makes no representations as to the accuracy or reliability thereof. Linking to any Third Party Sites is at your own risk and subject to the Terms of Use of Use and Privacy Policy of such sites.

The Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, GCP does not endorse or make any representation regarding the quality or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site.

Creating Links to the Web Site

Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the content on the Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. GCP reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Web 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 Web 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 Web Site.

Termination

You agree that GCP may terminate your use of the Web Site at any time, with or without cause. You agree that GCP will not be liable to you or any third party as a result of such termination. The provisions entitled "Disclaimer of Warranties and Limitation of Liability," "Indemnification," "Contributing to the Web Site," "Ownership of Content Posted by Individuals," "Ownership of Feedback," "Ownership and Use of Web Site Content" "Transactions," "Real-world Meetings," "Registration Information and Password," and "General Provisions" will survive termination of your Web Site access or these Terms of Use.

Age Limitations

If you are under the age of 18, you must obtain the permission of your parent or legal guardian prior to browsing, contributing to, or otherwise using this Web Site. This Web Site is not intended for persons under 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. All users who live in Gunnison County ages 13 and over are encouraged to browse and contribute to the Web Site in accordance with these Terms of Use.

Transactions

The Web Site is not a store or "e-commerce" provider, and it is the SOLE RESPONSIBILITY of buyers and sellers to complete transactions. This Web Site acts as a venue to allow any authorized Web Site users to offer, sell, and buy items from one other. GCP has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. GCP cannot ensure that a buyer or seller will actually complete a transaction, and GCP does not transfer legal ownership of items. You must comply with all applicable laws with regard to any classified ads you may place on the Web Site or any products or services offered therein.

Real-world Meetings

We understand that it is possible for individuals to use the Web Site to exchange information and to meet each other in the real world. You are advised that GCP cannot vouch for the safety of offline meetings of individuals you meet through the Web Site, and such meetings are held at your sole risk. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses, URLs or email addresses. If you do provide this information to a third party who you met through the Web Site, it is at your risk and the GCP Parties will have no liability for anything that results from such meetings.

Right to Modify or Discontinue Web Site and Content

GCP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Web Site (or any part thereof) with or without notice. You agree that GCP will not be liable to you or to any third party for any modification, suspension or discontinuance of this Web Site or any Content thereon.

Notice

GCP may deliver notice to you under these Terms of Use by means of electronic mail or a general notice on the Web Site. You may contact GCP any time via electronic mail to admin@mygunnisonvalley.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

MyGunnisonValley.com
218 N. Wisconsin Street
Gunnison, CO 8130
Phone: 970-641-1414

General Provisions

These Terms of Use are governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and GCP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Gunnison, Colorado. Waivers to these Terms of Use must be in writing and signed on behalf of GCP. The failure of GCP to enforce any provision of these Terms of Use will not constitute a waiver of such provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. These Terms of Use and the GCP Privacy Policy together constitute the entire agreement between you and GCP regarding your use of the Web Site, superseding any prior understandings or agreements. These Terms of Use may be amended or modified only as set forth above.

Effective April 13, 2007.

KBUT Radio