Your use of this BlogOfTheTown.com web site (this “Site”) signifies your agreement with the following terms of use (this “Agreement”). If you do not agree with any of the terms of this Agreement, you may not use this Site or access any services made available through this Site. BlogOfTheTown.com, LLC ("BOTT") and/or it’s site sponsor reserves the right, in its sole discretion, to modify this Agreement at any time by posting the modified Agreement to this Site. You agree to be bound by the modified Agreement through your continued use of this Site. BOTT may require you to register with BOTT and/or it’s site sponsor by providing certain information to BOTT and/or it’s site sponsor as a condition of using or accessing certain features or functions of this Site or to upload any content or materials to this Site.
1. Eligibility. This Site and the services available on or through this Site are only available to entities and individuals who can enter into and become bound by legal contractual obligations under applicable law. In addition, this Site and the services available on or through this Site are only available to people 14 years of age or older. Individuals under the age of 18 will need parental consent in order to use this Site and the services available on or through this Site. If you do not qualify, you may not use this Site.
2. The Registration Process.
2.1 Your Information. In order to use or access certain features or functions of this Site, you are required to register with BOTT and/or it’s site sponsor. In consideration for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.
2.2 Account and Password Security. At the time you submit your registration, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential and you are responsible for all activities that occur under your account. You agree to notify BOTT and/or it’s site sponsor immediately of any actual or suspected unauthorized use of your account. BOTT and/or it’s site sponsor will not be responsible for any loss to you caused by your failure to comply with these obligations.
3. Trademarks, Copyrights & Restrictions.
3.1 Materials. All materials on this Site, including, but not limited to, text, files, images, graphics, illustrations, audio clips, video clips, sounds and photographs posted to this Site (the “Materials”) by BOTT and/or it’s site sponsor and their affiliates and related entities (collectively, “Affiliates”), are protected by copyrights, and other proprietary and intellectual property rights (“Intellectual Property Rights”) that are owned by BOTT and/or it’s site sponsor or by its Affiliates. Except as expressly set forth in this Agreement, you may not use, reproduce, perform, display, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Site or any other web site owned or operated by BOTT and/or it’s site sponsor or its Affiliates without the prior written permission of BOTT and/or it’s site sponsor or its Affiliates. You may, however, download one copy of the Materials solely for your personal, non-commercial use consistent with the purpose for which the Materials are made available by BOTT and/or it’s site sponsor, provided that all copyright and other proprietary notices contained in the Materials are left intact, and you may distribute the Materials to third parties solely for the third parties’ personal, non-commercial use consistent with the purpose for which the Materials are made available by BOTT and/or it’s site sponsor, provided that you only distribute the Materials to third parties using the tools available on this Site for such purpose. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of BOTT and/or it’s site sponsor’s and its Affiliates’ Intellectual Property Rights. Use of the Materials or Marks on any other web site or other networked computer environment, whether by way of copying the Materials or otherwise framing the content of this Site, is prohibited without prior written permission from BOTT and/or it’s site sponsor.
3.2 Marks. All trademarks, service marks, logos, banners, and page headers displayed on this Site are the trademarks of BOTT and/or it’s site sponsor. Except as expressly set forth in this Agreement, you may not display, link to or otherwise use the Marks displayed on this Site without the prior written permission of BOTT and/or it’s site sponsor or its Affiliates.
4. Submissions.
4.1 Content. You are entirely responsible for all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information or materials (the “Content”) that you upload, post, email, transmit, publish or otherwise make available through this Site (collectively, “Publish”). By Publishing any Content on this Site, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Content you provide and the rights to use the Content as provided in this Agreement; (b) all Content and other information you provide is true, accurate, current and complete and does not violate this Agreement; and (c) the Content will not cause injury to any person or entity. You agree not to Publish on this Site any Materials that: (i) are libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (ii) infringe or misappropriate the Intellectual Property Rights of any person or entity; (iii) are illegal in any way or which advocate illegal activity; (iv) contain advertisements or solicitations to purchase or sell goods or services or to make donations of any kind, including, but not limited to, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation; or (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines or code that may damage, detrimentally interfere with, intercept or expropriate this Site or any data or personal information maintained on this Site.
4.2 License. The copyrights in the Content contributed by users of this Site are held by the individual creators of that Content. For all Content you Publish on this Site, you grant BOTT and/or it’s site sponsor and its Affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content. The foregoing license includes, but is not limited to, BOTT and/or it’s site sponsor’s and its Affiliates’ use of the Content in BOTT and/or it’s site sponsor’s and its Affiliates’ educational, advertising, promotional and informational print and online publications and other media projects. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by BOTT and/or it’s site sponsor and its Affiliates and any right to compensation for BOTT and/or it’s site sponsor’s or its Affiliates’ use of the Content.
4.3 No Pre-Screening or Editing. This Site offers weblogs, photo galleries, chat rooms, bulletin boards, forums for registered users to sell items through classified advertisements and BOTT and/or it’s site sponsor’s “buy and sell” services, and other interactive areas where users can express opinions, share ideas and information. BOTT and/or it’s site sponsor cannot and does not monitor all of the Content Published on this Site. BOTT and/or it’s site sponsor does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the Content made available through this Site by users of this Site. By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that BOTT and/or it’s site sponsor is not responsible for the acts or omissions of users on this Site. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content. You also agree that under no circumstances will BOTT and/or it’s site sponsor or its Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge that BOTT and/or it’s site sponsor does not pre-screen or pre-approve Content on this Site, but that BOTT and/or it’s site sponsor has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason.
5. Classified Advertisements and “Buy and Sell” Services.
5.1 Fees and Services. Bidding on or purchasing items made available by registered users through this Site is free. BOTT and/or it’s site sponsor may, however, charge you fees for listing items for sale through this Site. When you list an item you have an opportunity to review and accept the fees that you will be charged. These fees and any credits on those fees are subject to BOTT and/or it’s site sponsor’s then current fee schedule and credit policies which may be changed from time to time. The fee schedule and credit policies are incorporated into this Agreement by reference. Changes to the fee schedule and credit policies are effective 7 days after BOTT and/or it’s site sponsor posts the changes on this Site. BOTT and/or it’s site sponsor may choose to temporarily change its fee schedule and credit policies and the fees for BOTT and/or it’s site sponsor’s services for promotional events (for example, free listing days) and such changes are effective when BOTT and/or it’s site sponsor posts the temporary promotional event on this Site. BOTT and/or it’s site sponsor may in its sole discretion change some or all of the services offered through this Site, including the classified advertisements or “buy and sell” services at any time. If BOTT and/or it’s site sponsor introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using this Site and the services offered through this Site as well as all sales, use, and other taxes, fees, surcharges, levies, duties and similar charges (collectively, “Taxes”) applicable to such use and services. In addition, all Taxes due as a result of the sale or purchase of items through this Site (whether sales tax, use tax or otherwise) are the responsibility of the buyer and seller in the applicable transaction, and such parties will comply with all Laws (as defined below) relating to the payment of such Taxes. BOTT and/or it’s site sponsor is providing you with the capability to use the services on this Site and you are responsible for providing all equipment necessary to establish a connection and access to the World Wide Web and any telephone or other connection and service fees associated with such access.
5.2 This Site is a Venue. BOTT and/or it’s site sponsor is not an auctioneer and is not acting as an auctioneer through this Site. This Site acts as a venue to allow anyone, subject to this Agreement and BOTT and/or it’s site sponsor’s applicable policies, guidelines and rules, to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format, a negotiated price and an auction-style format. BOTT and/or it’s site sponsor is not involved in the actual transaction between buyers and sellers. As a result, BOTT and/or it’s site sponsor has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. BOTT and/or it’s site sponsor cannot ensure that a buyer or seller will actually complete a transaction. BOTT and/or it’s site sponsor does not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement will modify the governing provisions of Colo. Rev. Stat. § 4-2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
5.3 Identity Verification. BOTT and/or it’s site sponsor may use a variety of techniques to verify the accuracy of the information registered users provide to BOTT and/or it’s site sponsor when they register on this Site. Because user verification on the Internet is difficult, BOTT and/or it’s site sponsor cannot and does not confirm each user's purported identity. BOTT and/or it’s site sponsor encourages you to communicate directly with potential trading partners through the tools available on this Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
5.4 Bidding and Buying. As a buyer, you are obligated to complete the transaction with the seller: (a) if you purchase an item through one of the fixed price formats; or (b) if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller and the transaction is not prohibited by law or by this Agreement. Please note this is an "Overtime Auction" format. This means that if a new bid is placed within 5 minutes of the scheduled end of the auction, the end of the auction is extended 5 minutes from the time of the last bid. An auction will not end until there has been at least 5 minutes of inactivity. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Colo. Rev. Stat. § 4-2-401(2). Bids are not retractable except in exceptional circumstances, such as: (i) when the seller materially changes the item's description after you bid; (ii) a clear typographical error is made; (iii) you cannot authenticate the seller's identity; or (iv) when the seller does not confirm your purchase. If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.
5.5 Listing and Selling.
(a) Listing Description. You must be legally able to sell the item(s) you list for sale on this Site. You must describe your item and all terms of sale on the listing page of this Site, however your terms of sale may not conflict with this Agreement and any conflicting terms will be null and void. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. BOTT and/or it’s site sponsor reserves the right to remove a listing at any time for any reason whatsoever, in its sole discretion. Upon such removal, the auction or sale under that listing will be terminated and no auction or sale will be consummated regardless of whether or not any minimum or reserve price has been met.
(b) Binding Bids. Unless you state otherwise in your listing, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (i) the buyer fails to meet the terms of your listing (such as payment method); or (ii) you cannot authenticate the buyer's identity.
(c) Fraud. Without limiting any of BOTT and/or it’s site sponsor’s other rights or remedies, BOTT and/or it’s site sponsor may suspend or terminate your account if BOTT and/or it’s site sponsor suspects (by evidence of conviction or settlement, from an insurance or escrow investigation, or otherwise) you have engaged in fraudulent activity or in the sale of counterfeit items through this Site.
(d) Manipulation. You may not manipulate the listed price of any item nor may you interfere with other user's listings or transactions. Without limiting any of BOTT and/or it’s site sponsor’s other rights or remedies, BOTT and/or it’s site sponsor may, in its sole discretion, determine that you have engaged in such manipulation and may terminate your right to use this Site.
6. Access and Interference. You agree that you will not: (a) use any robot, spider, scraper or other automated means to access this Site for any purpose without BOTT and/or it’s site sponsor’s express written permission; (b) take any action that imposes or may impose, in BOTT and/or it’s site sponsor’s sole discretion, an unreasonable or disproportionately large burden on BOTT and/or it’s site sponsor’s electronic infrastructure; (c) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (d) bypass other measures BOTT and/or it’s site sponsor may use to prevent or restrict access to this Site.
7. Compliance with Laws. You agree to comply will all domestic and international laws, statutes, ordinances and regulations (collectively, “Laws”) regarding your use of this Site and any services, features and functions of this Site, including without limitation, any Laws regarding your bidding on, listing, purchase of, solicitation of offers to purchase, and sale of any items on or through this Site, and those Laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising.
8. Termination. BOTT and/or it’s site sponsor may, in its sole discretion, remove your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any weblogs, forums, photo galleries, bulletin boards, classified advertisements or “buy and sell” services or other interactive areas on this Site, for any reason or for no reason, including without limitation, breach of this Agreement. If your access to this Site is terminated, the restrictions and obligations in this Sections 2, 3, 4, 5.1, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of this Agreement will survive any such termination.
9. Indemnification. You agree to indemnify BOTT and/or it’s site sponsor and it’s Affiliates, and BOTT and/or it’s site sponsor’s and its Affiliates’ officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorneys’ fees, that arise from: (a) your use or misuse of this Site; (b) the Content you Publish on this Site; (c) the items you bid on, list, purchase, offer for sale, or sell on or through this Site; (d) any disputes that may arise with one or more users of this Site, including users of the classified advertisements or “buy and sell” services; or (e) any other breach of this Agreement.
10. Disclaimer. THIS SITE IS PROVIDED BY BOTT ON AN "AS IS" BASIS. BOTT AND/OR IT’S SITE SPONSOR AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOTT AND/OR IT’S SITE SPONSOR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11. Limitation of Liability. IN NO EVENT WILL BOTT AND/OR IT’S SITE SPONSOR OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF BOTT AND/OR IT’S SITE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL BOTT AND/OR IT’S SITE SPOSOR’S OR ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT, THIS SITE OR ANY OF THE SERVICES, FEATURES OR FUNCTIONS OFFERED THROUGH THIS SITE, EXCEED THE AMOUNT OF FEES RECEIVED BY BOTT AND/OR IT’S SITE SPONSOR FROM YOU IN THE 6 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH LIABILITY.
12. Jurisdiction and Venue. This Site is created, operated and controlled by BOTT and/or it’s site sponsor from its offices within the State of Colorado, U.S.A. BOTT and/or it’s site sponsor makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This Agreement is governed by, construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site will be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. Privacy. BOTT and/or it’s site sponsor’s privacy policy, ----- NEED URL FOR PRIVACY POLICY ---- (the “Privacy Policy”), is incorporated in this Agreement by reference. By accepting this Agreement, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
14. General. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force and in effect. This Agreement constitutes the entire agreement between you and BOTT and/or it’s site sponsor concerning your use of this Site. If you have any questions in connection with this Agreement, please send a written inquiry to BOTT at:
BlogOfTheTown.com, LLC
Attn: Dave Herries
dave@blogofthetown.com
