TERMS OF USE
Effective And Last Modified December, 2019
INTRODUCTION AND ACCEPTANCE
Welcome to our website. Please read these Terms of Use carefully before using our Services. By using any of our Services (other than to read these Terms of Use for the first time) you are agreeing to comply with these Terms of Use, which may change from time to time as set forth in Section 16 below. If you do not agree to be bound by these Terms of Use, do not use our Services.
1. ACCESS AND USE
(a) Our Services are provided for use by you or your organization. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
(b) We may offer certain portions of our Services at no charge (e.g., Websites) and others for a one-time fee, on a subscription basis or under any other lawful pricing structure (e.g., mobile Applications). In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of any of our mobile Applications is limited to the relevant device and/or operating system you are using at the time you purchase the license to use the Application.
Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
(ii) Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission;
(iii) Collect or download any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(iv) Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(v) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
2. USER REGISTRATION & PROMOTIONAL MESSAGES
(a) In order to access or use some features of our Services, you may have to become a registered user. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password (a “Membership”). You are solely responsible for safeguarding and maintaining the confidentiality of your Membership. You agree to contact us by clicking the “Contact Us” link on our Website immediately if you become aware of any breach of security or unauthorized use of your Membership. If you are under the age of thirteen (13), then you are not permitted to register as a user, sign up for any promotional messages, or otherwise provide us any personal information.
(b) Our Services may include sending you promotional e-mails/newsletters. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. Our use of the information you provide is governed by our Privacy Policy. To opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy, you may either contact us by clicking the “Contact Us” link on our Website or by using the option included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
3. COPYRIGHT
All images on Dailyboulder.com are either submitted to Political Dig by email or are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.) If you are a copyright owner of a photo or any other media content that appears on Dailyboulder.com, please email us at editor@Dailyboulder.com with a link to the content and we will remove it immediately.
Notification of Copyright Infringement.
Digital Millennium Copyright Act.
Dailyboulder.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). Dailyboulder.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Dailyboulder.com site by completing the following notice (“Notice”) and delivering it to PoliticalDig’s Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify Dailyboulder.com of particular facts in a document signed under penalty of perjury and delivered to Red Telegrams’s Designated Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
· 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.
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· 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.
· A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
· A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist the Dailyboulder.com Agent’s investigation of your claim.
If the material originates from another website and you believe that Dailyboulder.com has cached that material, then confirm any of the following that apply:
· The material has been removed from the originating site;
· access to the material on the originating site has been disabled;
· a court has ordered that the material be removed from the originating site; and/or
· a court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Upon receipt of a valid claim Dailyboulder.com will follow the procedures provided in the DMCA which prescribe a notice and take down procedure, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. Dailyboulder.com will have the disputed material removed from public view. Dailyboulder.com will also notify the user or webmaster who posted the allegedly infringing material that has been removed or disable access to that material.
Before the complainants allege an infringement, s/he should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at https://www.copyright.gov/circs/, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
Notice, Takedown, and Putback Procedure
Dailyboulder.com expects all users of its website to comply with applicable copyright laws. However, if Dailyboulder.com is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. Dailyboulder.com will follow the procedures outlined in the Digital Millennium Copyright Act with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, “putback” of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at https://www.copyright.gov/legislation/dmca.pdf.
