ALL WEBSITE USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
1. Eligibility. Cherry Creek Today is open to all users. By using Cherry Creek Today, you agree and acknowledge that while Apsides Media News makes all attempts to make sure the information displayed on Cherry Creek Today is accurate, due to the nature of the information displayed, it cannot guarantee the accuracy of such information.
2. General. This Agreement sets forth the terms and conditions that apply to use of Cherry Creek Today by you. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.
3. Relationship between Apsides Media Group and Website User. Use of Cherry Creek Today is for informational purposes only. By using Cherry Creek Today, you agree and acknowledge that the information contained on Cherry Creek Today may not be accurate.
4. Consent to Emails from Apsides Media Group. You consent to receiving emails from Apsides Media Group by registering with Cherry Creek Today.
5. Consent to Phone Calls from Apsides Media News. You consent to receiving telephone calls from Apsides Media News by registering with Cherry Creek Today. You specifically acknowledges that if you have registered with the federal or a state Do Not Call list that any phone calls from Apsides Media News will not violate any such registration with said lists.
6. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Apsides Media Group. While Apsides Media Group makes reasonable precautions against loss or theft of data, Apsides Media Group shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Apsides Media Group’s objective to make Cherry Creek Today accessible 24 hours per day, 7 days per week, Cherry Creek Today may be unavailable at any time for any reason including, without limitation, routine maintenance.
7. Website Features. Apsides Media News shall have the right at any time to change or discontinue any aspect or feature of Cherry Creek Today, including, but not limited to: the news available; the daily deals available, the posting of information to other social media sites; the features on Cherry Creek Today for Website Users; the services available to Website Users; and the equipment or software needed for access and/or use of Cherry Creek Today. Cherry Creek Today may discontinue or eliminate features on Cherry Creek Today; may discontinue relationships with any third parties; may change or eliminate any transmission method of Website feature; and/or may change transmission speeds or other signal characteristics on Cherry Creek Today. Further, Cherry Creek Today may request additional information at any time by Website User to update or enhance Website User benefits, verify eligibility of Website User to use Cherry Creek Today, or to enhance the benefits and/or use of Cherry Creek Today.
9. Registration Data; Account Security. In consideration of Website User’s use of Cherry Creek Today, Website User agree to (a) provide accurate, current, and complete information about Website User as may be prompted by any registration forms on Cherry Creek Today (“Registration Data”); (b) maintain the security of Website User’s password and identification or, if Website User releases Website User’s account information to a third party, be responsible for all actions on Website User’s account done by that third party; (c) maintain and promptly update the Registration Data, and any other information Website User provides to Cherry Creek Today to keep it accurate, current, and complete; and (d) be fully responsible for all use of Website User’s account and for any actions that take place using Website User’s account.
10. Equipment. Website User is responsible for obtaining and maintaining all telephone, computer hardware, printers, and other equipment needed for access to and use of this Site. Cherry Creek Today shall not be liable for any damages to Website User’s equipment resulting from the use of this Site.
a. harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications;
b. use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair Cherry Creek Today; and/or
c. use automated scripts to collect information from or otherwise interact with Cherry Creek Today.
12. Copyright. All content on Cherry Creek Today, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Apsides Media Group, The Breaking News Network, and/or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Apsides Media Group’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject Website User to civil and/or criminal penalties. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Cherry Creek Today protected by copyright as a collective work under the United States copyright laws. Cherry Creek Today owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Website User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Website User may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Cherry Creek Today does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods.
13. Personal Use Only. Website User may download, print, and/or save copyrighted material for Website User’s personal use only. Website User acknowledges that he does not acquire any ownership rights by downloading copyrighted material.
15. Enforcement. The foregoing provisions of Sections 11, 12, 13, and 14 apply equally to and are for the benefit of Cherry Creek Today, its subsidiaries, affiliates, its third party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
16. Trademarks. Cherry Creek Today is a trademark of Apsides Media Group. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Cherry Creek Today are the property of their respective owners. Trademarks that are located on Cherry Creek Today shall not be deemed to be in the public domain but rather the exclusive property of Apsides Media Group, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Apsides Media Group, unless otherwise stated.
17. Copyright, Trademark, and Intellectual Property Complaints. Cherry Creek Today respects the intellectual property rights of others. Cherry Creek Today prohibits Website Users from uploading, posting, or otherwise transmitting on Cherry Creek Today any materials that violate another party’s intellectual property rights. When Cherry Creek Today receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, Cherry Creek Today promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If Website User believes that any material on Cherry Creek Today infringes upon any copyright that Website User owns or controls, Website User may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of copyright-protected material. Cherry Creek Today may, at its sole discretion, terminate Website Users who are deemed by Cherry Creek Today to be have committed copyright infringement, whether or not there is any repeat infringement.
18. Third Party Websites and Content. Cherry Creek Today contains links to other web sites (“Third Party Sites”) as well as advertisements, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Apsides Media Group. Cherry Creek Today is not responsible for any Third Party Sites accessed through Cherry Creek Today or any content posted by any Website Users on this Site or any Third Party Sites regarding Cherry Creek Today. If Website User decides to leave Cherry Creek Today and access the Third Party Sites, Website User does so at Website User’s own risk and Website User should be aware that Cherry Creek Today’s terms and policies no longer govern. Website User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which Website User navigates from this Site.
19. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available whether on Cherry Creek Today are those of the respective individuals(s) and not of Apsides Media Group. Neither Cherry Creek Today nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Cherry Creek Today represents the offerings of Third Parties and is not being offered by Apsides Media Group. Under no circumstances will Cherry Creek Today be liable for any loss or damage caused by Website User’s reliance on information obtained through Cherry Creek Today. It is the responsibility of Website User to evaluate the accuracy, completeness, or usefulness of any offer, information, opinion, advice, etc., or other content available through Cherry Creek Today by Third Parties.
20. Disclaimer of Warranty; Limitation of Liability. CHERRY CREEK TODAY USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT WEBSITE USER’S SOLE RISK. IN NO EVENT WILL APSIDES MEDIA GROUP OR ITS DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFLIATES, OR AGENTS BE LIABLE TO WEBSITE USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM WEBSITE USER’S USE OF CHERRY CREEK TODAY. NEITHER APSIDES MEDIA GROUP, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, SHAREHOLDERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF CHERRY CREEK TODAY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS SITE. USE OF THIS SITE IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. WEBSITE USER SPECIFICALLY ACKNOWLEDGES THAT CHERRY CREEK TODAY IS 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 WEBSITE USER OR THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION TO WEBSITE USER RESULTING FROM THE USE OF CHERRY CREEK TODAY. WEBSITE USE SPECIFICALLY ACKNOWLEDGES THAT CHERRY CREEK TODAY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE THIRD PARTIES. IN NO EVENT SHALL APSIDES MEDIA GROUP, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. WEBSITE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER APSIDES MEDIA GROUP, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEBSITE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. CHERRY CREEK TODAY IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, THIRD PARTY, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY APSIDES MEDIA GROUP. MOREOVER, CHERRY CREEK TODAY RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, APSIDES MEDIA GROUP, DEEMS UNSUITABLE. WEBSITE USER AGREES AND ACKNOWLEDGES THAT Apsides Media Group MAKES NO GUARANTEE AS TO THE SERVICES OFFERED BY THIRD PARTIES ON THE SITE. WEBSITE USER ACKNOWLEDGES AND AGREES TO RELEASE AND HOLD HARMLESS CHERRY CREEK TODAY FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY WEBSITE USER OR A THIRD PARTY RESULTING FROM THE USE OR THIS SITE OR CONTRACTUAL OBLIGATIONS OF ANY THIRD PARTIES THAT MAY BE OWED TO WEBSITE USER BASED ON INTRODUCTIONS MADE THROUGH THIS SITE. APSIDES MEDIA GROUP’S LIABILITY TO WEBSITE USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT NO TIME EXCEED $100.00. WEBSITE USER ACKNOWLEDGES THAT IF NO FEES ARE PAID TO APSIDES MEDIA GROUP, WEBSITE USER SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM APSIDES MEDIA GROUP, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO WEBSITE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO WEBSITE USER, AND WEBSITE USER MAY HAVE ADDITIONAL RIGHTS.
21. Monitoring. Cherry Creek Today shall have the right to monitor the content of Cherry Creek Today at all times, including viewing of any information in a Website User’s personal account on Cherry Creek Today, to determine compliance with this Agreement and any operating rules established by Cherry Creek Today, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Cherry Creek Today shall have the right to remove any material that Apsides Media Group, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
23. Submissions. Website User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information about Cherry Creek Today (“Submissions”), provided by Website User to Apsides Media Group, are non-confidential and shall become the sole property of Apsides Media Group. Apsides Media Group shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to Website User. By posting communications to, on, or through this Site, Website User shall be deemed to have granted to Apsides Media Group a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
24. Termination. Cherry Creek Today may terminate this Agreement at any time. Apsides Media Group may terminate Website User’s account, delete any content or information that Website User has posted on the Site, and/or prohibit Website User from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that Website User violates these Terms of Service.
25. User Disputes. Although Cherry Creek Today introduces Website Users to Third Parties, those Third Parties participating are solely responsible for their interactions with Website Users.
26. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
27. Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
28. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
30. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
31. Indemnity. Website User agrees to indemnify and hold Apsides Media Group, its subsidiaries and affiliates, and each of their directors, shareholders, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of Cherry Creek Today, Website User’s conduct in connection with Cherry Creek Today, or with other users of Cherry Creek Today, or any violation of this Agreement or of any law or the rights of any third party.
32. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing. Oral changes have no effect.
33. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
34. Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
35. Definitions and Constructions. Unless otherwise specified, the terms “includes”, “including”, “e.g.”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.