Terms of Use | Northern Colorado 5 - News, Weather, Sports and Entertainment

This Site's Terms of Service

WELCOME! THE TELEVISION STATION AFFILIATE [THE "STATION"] THAT IS

PROVIDING THIS SITE (THE "WEB SITE"), PROVIDES A VARIETY OF ONLINE

SERVICES, FROM FREE NEWS AND WEATHER INFORMATION TO

ENTERTAINMENT AND ELECTRONIC COMMERCE ON THE WEB SITE SUBJECT TO

YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET

FORTH BELOW (THE "AGREEMENT").

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE

TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE

TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEB SITE.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

As the web is an evolving medium, the terms of this Agreement may change from

time to time. Please periodically review and become familiar with these terms. Your

continued use of the Web site after the posting of changes to these terms will signify

your acceptance of these changes. SagamoreHill Broadcasting (SHB) or this Station

may immediately terminate any individual's use of the Web site and/or such user's

password(s) or account(s) in the event user violates the terms of this Agreement or

engages in conduct that SHB or this Station, in its sole discretion, considers to be

unacceptable. Such removal or termination may occur without notice to the user.

COMMENTING

NoCo5 and its affiliated companies are not responsible for the content of comments

posted or for anything arising out of use of the above comments or other interaction

among the users. We reserve the right to screen, refuse to post, remove or edit user generated

content at any time and for any or no reason in our absolute and sole

discretion without prior notice, although we have no duty to do so or to monitor any

Public Forum.

Flagging Comments: If you find a comment that you feel is offensive, you may flag

the comment for review. Flagged comments will be reviewed and then removed or

left on site at the sole discretion of the Station. Excessive flagging of comments

deemed appropriate by the Station will result in that user being banned from

commenting/flagging.

Although the Web site is freely accessible, by providing such assess this Station does

not intend to relinquish our respective rights, or any other party's rights, to the

materials appearing on the Web site. Unless otherwise noted, SHB or this Station

owns all materials, including images, illustrations, designs, icons, photographs,

video clips, and written and other materials that are part of the Web site. The

material on the Web site is provided for private, non‐commercial use only.

Reporting Copyright Infringement:

If you are a copyright owner or an agent thereof and believe any content or

other information appearing on the Web site infringes upon your copyrights, you

may submit a notification of claimed infringement under the Digital Millennium

(i) A physical or electronic signature of a person authorized to act on behalf of the

owner of a copyright interest 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 the infringing activity and that is to be removed or access to which is to be

disabled and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an

address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that the disputed 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 made

under penalty of perjury, that you are authorized to act on behalf of the owner of an

exclusive right that is allegedly infringed.

The Site’s designated agent to receive notifications of claimed infringements is:

Telephone number: 970-472-5555; email address: treggwhite@noco5.com.

If you consider any material appearing on the Web site to be objectionable and

would like to report it, please send an e‐mail to treggwhite@noco5.com.

TRADEMARK NOTICE

This station's call sign is a trademark and service mark of this Station. All other

trademarks, service marks and logos used in the Web site are the trademarks,

service marks or logos of their respective owners. You may not use any trademark

or service mark appearing on the Web site without the prior written consent of the

owner of the mark.

CODE OF CONDUCT

You agree not to engage in any of the following conduct. Such conduct is

unacceptable and may result in termination of your use of the Web site:

* Restricting or inhibiting any other user from using and enjoying the Web site

and services;

* Impersonating any person or entity or posting personally identifying

information of any other person;

* Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous,

defamatory, obscene or otherwise objectionable or harmful information of any kind;

* Without the Station's prior written approval, posting or transmitting any

advertisement, promotion or solicitation of goods or services for commercial

purposes (including without limitation the solicitation of users of the Web site to

become users of other online services competitive with Station);

* Posting or transmitting any information or software that contains a virus, worm,

time bomb, Trojan horse, or other harmful or disruptive component;

* Posting or transmitting materials in violation of another party's copyright or

intellectual property rights;

* Using the Web site for any commercial or unlawful purposes, including

"spamming"; or

* Modifying, adapting, sublicensing, translating, selling, reverse engineering,

decompiling or disassembling any portion of the Web site.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THIS STATION AND ITS

SPONSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,

COSTS OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR

FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS

RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF THE CODE

OF CONDUCT ABOVE, AND/OR (C) YOUR ACTIVITIES IN CONNECTION WITH THE

WEB SITE OR SITE‐RELATED SERVICES.

By using the Web site you are indicating that you agree to be bound by the terms of

this Agreement. If you do not agree to the terms of this Agreement, please do not

enter the Web site. If you are not yet 18 years old, a parent or guardian may agree to

be bound by the terms of this Agreement on your behalf.

MAKING PURCHASES

You are free to license or purchase products or services described on the Web site.

You may be asked by the applicable merchant or service provider to supply certain

information, including but not limited to credit card or other payment information.

You understand that any such information will be treated by this Station as

described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of

the page and click "Privacy Statement." You must provide to any such merchant or

service provider information that is accurate, complete and current. You agree to

review and to comply with the terms and conditions of any specific agreement that

you enter into with the merchant and/or service provider in connection with the

licensing or purchase of any product or service. You are responsible for all charges

incurred by users of your account and credit card or other payment mechanism at

the prices in effect when such charges are incurred. You will also be responsible for

paying any applicable taxes relating to your purchases.

SUBMISSIONS

You may submit any text, images, data, or other materials ("Content") to the Web

site. In so doing, you acknowledge and agree that you grant to SHB and this Station a

royalty‐free, perpetual, irrevocable, non‐exclusive, worldwide right and license to:

* Link to, use, reproduce, transmit, modify, adapt, publish, display, perform,

distribute, and translate such Content without notice, attribution or payment to you.

* Sublicense such Content (in whole or in part) and/or to incorporate it in other

works in any form, media or technology now known or hereafter developed for the

full term of any copyright that may exist in such material without notice, attribution

or payment to you.

Further, by submitting Content to the Web site, you acknowledge that you have the

authority to grant such rights to the Station and use of the Content by the Station

will not violate the rights of any third party. You further acknowledge that the

burden of determining whether any Content posted or transmitted to the Web site

by you is protected by copyright or will otherwise violate the rights of any third

party rests solely with you. Each of this Station, and its subsidiaries, licensees and

third party content providers and licensors have the right to assert and enforce

these provisions relating to the submission of Content directly or on its own behalf.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

You acknowledge that if and when this Station sponsors contests, sweepstakes, or

promotions ("Special Program"), or third parties sponsor a Special Program in

conjunction with this Station , either this Station, or the third party will post terms

and conditions in the official rules and/or registration area for the Special Program

that apply to the particular Special Program. Those terms and conditions, to the

extent they conflict with this Agreement, will govern that particular Special

Program.

PRIVACY

Personal information that Web site users provide in connection with purchases,

contests, polls, chat rooms and forums or other usages of the Web site or siterelated

services is collected by this Station. Any such information will be treated as

described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of

this page and click "Privacy Statement." Users are discouraged from posting

personally identifying information about themselves on public areas of the Web site,

such as within classified advertisements, comments/reviews for display on the Web

site or other "user generated content" submitted for display on the Web site or in

any other communications with other users of the Web site.

USE OF SECURE AREA AND PASSWORD

You are given access to any password‐protected area of the Web site when you are

given permission and a password to enter such area. You may not distribute your

password to others, but if you wish to authorize another individual to use your

password, you must request permission from this Station in writing, with the

understanding that this Station is under no obligation to approve any such request.

You are responsible for all uses of your password and any and all damages to this

Station resulting from the distribution of your password, whether or not authorized

by you.

CONTENT MONITORING

You acknowledge and agree that SHB and this Station have the right, but not the

responsibility, to monitor the Web site and site‐related services, including without

limitation chat rooms and forums, and to disclose any information to any third party

in order to operate the Web site properly, to protect itself, its sponsors and this

Station's customers, and to comply with legal obligations or governmental requests,

or to respond to any circumstance that this Station deems to be an emergency. SHB

and this Station reserve the right to refuse to post or to remove any information or

materials, in whole or in part, in the sole discretion of SHB and this Station, that are

unacceptable, offensive or in violation of this Agreement, in the sole determination

of SHB and this Station.

WARRANTY INFORMATION

THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED

WITHIN IT OR ANY SITE‐RELATED SERVICE, OR ANY PRODUCT OR SERVICE

LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS"

BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR

STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE,

NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF

EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO

THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS

PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES

DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR

MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY SHB OR THIS

STATION. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE

AND/OR SITE‐RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR‐FREE,

OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF

THIS WEB SITE AND SITE‐RELATED SERVICES.

NEITHER SHB, THIS STATION, NOR OUR EMPLOYEES, AGENTS, SPONSORS, THIRDPARTY

CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR

ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,

PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT

LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO

THE WEB SITE, SITE‐RELATED SERVICES AND/OR CONTENT OR INFORMATION

CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT

SHB AND THIS STATION ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR

ILLEGAL CONDUCT OF OTHER USERS OR THIRD‐PARTIES, AND THAT THE RISK OF

INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY

FOR DISSATISFACTION WITH THE WEB SITE, SITE‐RELATED SERVICES AND/OR

CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE IS TO STOP

USING THE SITE AND/OR THOSE SERVICES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Although SHB and this Station attempt to ensure the integrity of the Web site, a

possibility exists that the Web site could include inaccuracies or errors, or

unauthorized additions, deletions and alterations made by third parties to the Web

site. SHB and this Station make no guarantees whatsoever as to its completeness,

correctness, or accuracy. In the event that such an inaccuracy arises, please inform

this Station at treggwhite@noco5.com so that it can be corrected.

In many instances, the content available through the Web site represents the

opinions and judgments of the respective information provider, Web site user or

member, or other user not under contract with SHB or this Station. This Station

neither endorses nor is responsible for the accuracy or reliability of any opinion,

advice or statement made on the Web site by anyone other than authorized Station

employee spokespersons while acting in their official capacities. Under no

circumstances will this Station be liable for any loss or damage caused by your

reliance on information obtained through the Web site. It is your responsibility to

evaluate the accuracy, completeness or usefulness of any information, opinion,

advice or other content available through the Web site.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent the Web site contains links to outside services and resources ("Linked

Sites"), SHB and this Station neither endorse nor are affiliated with the Linked Sites

and are not responsible for any content that appears on the Linked Sites. You are

encouraged to review any privacy policy or terms of service posted on the Linked

Sites. The respective owners of the Linked Sites neither endorse nor are affiliated

with this Station or its sponsors.

PARENTAL CONTROL PROVISIONS

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that

parental control protections (such as computer hardware, software or filtering

services) are commercially available that may assist you in limiting access to

material that is harmful to minors. Information identifying current providers of

such protections is available at the Web sites of the Electronic Frontier Foundation:

http://www.eff.org and America Links Up: http://www.netparents.org.

VOID WHERE PROHIBITED

Although the Web site is accessible worldwide, not all products or services

discussed or referenced in or on the Web site are available to all persons or in all

geographic locations or jurisdictions. This Station reserves the right to limit the

availability of the Web site and/or the provision of any product or service to any

person, geographic area or jurisdiction it so desires, in our sole discretion, and to

limit the quantities of any such product or service that it provides. Any offer for any

product or service made in the Web site is void where prohibited.

RESTRICTED RIGHTS LEGEND

Use, duplication or disclosure by the Government is subject to the restriction as set

forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and

FAR 12.212, as applicable.

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties hereto

pertaining to the subject matter hereof, and any and all prior or contemporaneous

written or oral agreements existing between the parties hereto are expressly

canceled. No waiver by either party of any breach or default hereunder shall be

deemed to be a waiver of any preceding or subsequent breach or default. Any

heading, caption, or paragraph title contained in this Agreement is inserted only as a

matter of convenience and in no way defines or explains any paragraph or provision

hereof.

This Station may at any time change the Web site, including eliminating or

discontinuing any content or feature of the Web site, restricting its availability or

limiting the amount of use permitted. Such changes, modifications, additions, or

deletions shall be effective immediately upon notice thereof, which may be given by

any means including, but not limited to, posting on the Web site, or by electronic

mail, or by conventional mail. Your use of the Web site after such notice shall be

deemed to constitute your acceptance of such changes, modifications, additions, or

deletions.