Please read this Agreement in its entirety.
Other than as expressly allowed herein, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer, or sell any information or materials obtained from the Website. Provided you do not modify or delete any copyright or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the materials contained on the Website, but only for your own noncommercial use. Any other use is strictly prohibited.
You acknowledge that all intellectual property rights and other legal means of ownership in the materials residing on the Website remain with The Durango Telegraph, its licensors, affiliates, other Website users and third party developers. The trademarks, logos and service marks displayed on the Website, including but not limited to the marks “The Durango Telegraph,” “Telegraph TV” and durangotelegraph.com are owed by The Durango Telegraph or its affiliates. Nothing contained on the Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks displayed on the Website without the express written permission of The Durango Telegraph. The misuse of marks displayed on the Website, or any other content on the Website, is strictly prohibited.
DISCLAIMER OF WARRANTIES AND LIABILITY The Durango Telegraph MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDING WITHOUT LIMITATION, ALERTS, RSS FEEDS, PRODUCTS OR SERVICES OF The Durango Telegraph OR ITS VENDORS, AFFILIATES, LICENSORS OR USERS. THE WEBSITE AND THE MATERIALS, ALERTS, RSS FEEDS, INFORMATION, SERVICES AND PRODUCTS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, GRAPHICS AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Durango Telegraph DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. The Durango Telegraph DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Durango Telegraph DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS, ALERTS, RSS FEEDS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT The Durango Telegraph) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL The Durango Telegraph BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF The Durango Telegraph HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, ALERTS OR RSS FEEDS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless The Durango Telegraph, its officer, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this agreement or any activity related to your use of the Website.
By providing Materials on the Website, The Durango Telegraph does not promise that the materials will remain available to you. The Durango Telegraph is entitled to terminate all or any portion of the Website at any time, without notice to you. The Durango Telegraph also reserves the right to change the terms under which the Website is offered, and your use of the Website following any such changes shall be deemed to constitute your consent to this Agreement and its modifications.
Privacy and Use of Your Information
Any communication or material you transmit to the Website by electronic mail or otherwise is and will be treated as nonconfidential and nonproprietary. Anything you transmit on the Website may be used by The Durango Telegraph or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication and posting. Furthermore, The Durango Telegraph is free to use any ideas, concepts or techniques contained in any communication you send to the Website for any purpose whatsoever.
The Durango Telegraph makes commercially reasonable efforts to safeguard individual Website users’ personal information. Nevertheless, The Durango Telegraph cannot ensure that these measures will provide perfect security. The Durango Telegraph will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your information.
You will not use the Website in any manner that (1) infringes or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
Your use of the Website constitutes your agreement to respect other users’ privacy. You may not, under any circumstances, release personal information of others to third parties, including to your employees, without the written consent of both The Durango Telegraph and the person or persons whose personal information you intend to share. You may not, under any circumstances, use personal information obtained from the Website to send unsolicited email, facsimile transmissions, chain letters, spam or any other communication or messages, even if the recipient has communicated with you in the past. You agree to immediately notify The Durango Telegraph of any release or breach of any third party’s personal information (including name, address, phone numbers, email addresses, account numbers or social security number) that occurs as a result of use of a Website.
You may not do anything to interfere or attempt to interfere with any function of the Website. You may not take any action that overloads, places an unreasonable burden on or otherwise diminishes the functionality or responsiveness of the Website, which The Durango Telegraph shall solely determine. Any attempt to alter information posted on a Website or to interfere with the Website will result in immediate termination of your right to access the Website and may also render you liable for civil and/or criminal penalties.
The Durango Telegraph gathers identifying information about Website users (“Information”) only when a user provides that information on a voluntary basis such as by registering for or using an Account, Alerts, RSS feeds, by using social networking tools and the like. The Durango Telegraph does not sell, rent or lease user information to third parties. The Durango Telegraph occasionally may share Information with its affiliates and related companies. If you choose to use social networking tools available on the Website, your favorites or other profile information may be shared with other Website users who also use those social networking tools.
The Durango Telegraph periodically collects and analyzes log files to get a general picture of who is visiting the Website and which pages are being viewed most often. This information is collected to assist The Durango Telegraph in the maintenance and administration of the Website. The Durango Telegraph may share log file information with advertisers, but will refer only to general, aggregate usage data, not user specific identifying information.
The Website will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Durango Telegraph or the Website; (b) protect and defend the rights or property of The Durango Telegraph; or (c) act under exigent circumstances to protect the personal safety of users of the Website, or the public. Except as noted above, The Durango Telegraph does not share any of the personal information you provide to us with any third party other than our service providers who assist us in providing information and/or services to you.
The Durango Telegraph also uses “cookie” technology that allows its servers to deposit codes on a user’s computer. This information helps determine the number of visitors to the Website on an ongoing basis and the types of Internet browsers and operating systems used by the Website’s users. This information is used to enhance your Website experience.
The Durango Telegraph offers to Website users social networking tools that may include “friending," updating Profile information or identifying Website content. When a user takes advantage of the social networking tools, the user agrees to share personal information with other users. The Durango Telegraph provides privacy tools within its social networking framework to enable users to control the types of this personal information that is shared with other users.
Google's use of advertising cookies enables it and its partners to serve ads to our users based on their visit to our site and/or other sites on the Internet.
Users may opt out of personalized advertising by visiting Ads Settings.
Process to Remove Your Personal Information
The Durango Telegraph does not generally delete or remove accounts. Alternatively, you may send an email to firstname.lastname@example.org to request the services and information you would like removed. Your request should include the specific reasons why The Durango Telegraph should remove identified content. The Durango Telegraph reserves the right to decline requests for removal of information based on maintaining the historical and archival nature of the Website.