All materials on this site, including, but not limited to, images, illustrations, audio clips, video clips, 360-degree panoramas, photos with audio captions (the “Materials”) are protected by copyrights which are owned or licensed by the Company. dgomag.com is a trademark of the Company. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.dgomag.com or any other Web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal non-commercial home use only consistent with the purpose for which the Materials are made available by the Company, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other Web site or other networked computer environment, is prohibited without prior written permission from the Company. It is acceptable and approved to link to any of our materials, including “deep links” to our site. Text from our stories can be quoted when linking to our content, but it must not be more than one-tenth of the total word count of the story or 100 words, whichever is lesser. Quoted content must contain a direct link to the story from which it is taken. If an image is being used in the link to dgomag.com's content, it must not be larger than 300 pixels wide and must link to the exact page on our site in which the original image can be found. If features on this site are available to “embed” it is acceptable and approved to add those features to another site if this site’s “embed” code is used.
Copyright on materials contributed by Ballantine Communications, Inc, and its affiliate publications readers and/or members are held by the individual creators. All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the “Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, e-mail or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below. By uploading or otherwise posting any Content on the Site, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not cause injury to any person or entity. You agree not to upload, transmit, distribute or otherwise publish in these or any other Forums connected with the Company any Materials which are: 1.) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy, 2.) an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity, 3. illegal in any way or which advocate illegal activity, 4.) an advertisement or solicitation of funds, goods, or services, or that contain hyperlinks to material that is not directly related to the discussion, or 5.)private personal information published without consent.
By posting on dgomag.com stories, blogs, or any other part of this site, you:
For all such information and material, you grant Ballantine Communications, Inc,, its affiliates and related entities, and its affiliated newspaper, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.
This site offers weblogs, forums, photo galleries and other interactive areas where users can express opinions and share ideas and information. Ballantine Communications, Inc, cannot and does not monitor all of the material posted or transmitted to the Site. Additionally, the Company does not control, and is not responsible for, Content made available through the Site by members. By using the Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Site and any of its Content, including but not limited to whether you should rely on said Content. You also agree that under no circumstances will Ballantine Communications, Inc, 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, e-mailed or otherwise made available via the Site. You acknowledge that Provider does not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason. The Company reserves the right to delete any posting, message or photograph at any time, for any reason or no reason.
The Company may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.
This site is controlled and operated by the Company from the Company’s headquarters in Durango, Colorado. The Company does not represent or warrant that Materials on the 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 shall be governed by and construed in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of Colorado. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the site.
To gain access to any non-public areas of the Website and/or to use certain social networking tools available on the Website, you must register for an account (“Account”) and obtain a user name (“User Name”). You agree to register only a single User Name in connection with the Website. You must use a password in conjunction with your User Name to access the non-public areas of the Website, including your Account, and to use certain social networking tools available on the Website. You may select the password yourself. You must provide accurate identification to retrieve a password you have forgotten. The Company will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password.
You hereby grant to the Company an irrevocable license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, comments, blog posts, suggestions, ideas or other information that you communicate through or on the Website (“User Generated Content”). The Company and its designees will be free to copy, publish, disclose, distribute, incorporate and otherwise use your User Generated Content for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the User Generated Content. If you delete your User Generated Content, you understand that it may still exist in backup copies. When you publish User Generated Content on the Website, you understand that such User Generated Content may be publicly available on the Internet and that the Company has no responsibility for or control over any use or further dissemination thereof. For all User Generated Content that you supply, you represent and warrant that: (i) you have all rights necessary to distribute and publish such User Generated Content; (ii) that if your employer has rights to intellectual property you create, that you have either (a) received permission from your employer to post or make available the content, or (b) secured from your employer a waiver as to all rights in or to the content; (iii) you have fully complied with any third-party licenses relating to the content; (iv) that it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) that it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and (vi) that it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. You agree to defend, indemnify and hold harmless the Company from any liability that it may incur as a result of your User Generated Content.
Other than as expressly allowed herein, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer, or sell any information, User Generated Content (other than User Generated Content supplied by you) or Materials obtained from the Website. Provided that 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 and User Generated Content contained on the Website, but only for your own noncommercial use. Any other use is strictly prohibited. Except for your own User Generated Content, you acknowledge that all intellectual property rights and other legal means of ownership in the Materials and User Generated Content residing on the Website remain with the Company, 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 “DGO” and “dgomag.com” (collectively, “Marks”), are owned by the Company 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 Company. The misuse of Marks displayed on the Website, or any other content on the Website, is strictly prohibited. Although The Company may from time to time monitor or review any User Generated Content, The Company is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Generated Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Generated Content. The Company does, however, reserve the right to remove any User Generated Content if a user brings to the Company’s attention the possibility that such User Generated Content may result in the Company’s liability, is an infringement of the rights of a third party, or is offensive to any third party. In addition, the Company reserves the right to suspend or terminate any Account, including your Account, if the Company learns that the person responsible for the Account has engaged in more than one act of infringement in connection with the Website. You can report violations here.
From time to time, The Company may make available to Website users different email and short messaging service (“SMS”) alerts (“Alerts”). The Company makes no warranty about the accuracy or completeness of Alerts and users should treat Alerts only as a secondary source of information in any severe weather or similar situation.
The Company operates certain websites that allow users to upload an avatar image to their Profile. The user must hold the copyright or have the express permission of the copyright holder to use the relevant avatar image. Avatar images must not contain any graphic images and or otherwise be objectionable. If the avatar image does not meet those standards or is otherwise a violation of copyright or any term of this Agreement, as determined solely by the Company, The Company may remove such avatar image without notice to the user. Further, if a user wishes to upload a new avatar image after such an image has been removed; the user must contact the Company and request that avatar privileges be restored.
DISCLAIMER OF WARRANTIES AND LIABILITY. The Company MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY USER GENERATED CONTENT, ALERTS, RSS FEEDS, PRODUCTS OR SERVICES OF The Company OR ITS VENDORS, AFFILIATES, LICENSORS OR USERS. THE WEBSITE AND THE MATERIALS, USER GENERATED CONTENT, 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 Company 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 Company 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 Company DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS, USER GENERATED CONTENT, 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 Company) 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.
IN NO EVENT SHALL The Company BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF The Company 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, USER GENERATED CONTENT, 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 Company, its officers, directors, 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, your User Generated Content or any activity related to your Account or your use of the Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website using your Account.
By providing Materials on the Website, the Company does not promise that the Materials will remain available to you. The Company is entitled to terminate all or any portion of the Website at any time, without notice to you. The Company 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.
Any communication or material you transmit to the Website by electronic mail or otherwise, including any User Generated Content, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post on the Website may be used by the Company or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication and posting. Furthermore, The Company is free to use any ideas, concepts or techniques contained in any communication you send to the Website for any purpose whatsoever. The Company makes commercially reasonable efforts to safeguard individual Website users’ personal information. Nevertheless, The Company cannot ensure that these measures will provide perfect security. The Company 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, or in connection with any User Generated Content provided by or on behalf of you or any person accessing a Website under your authority, 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 Company 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 Company 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 under your Account. 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 Company 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 Company 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 posting User Generated Content, by using social networking tools and the like. The Company does not sell, rent or lease user information to third parties. The Company 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 Company periodically collects and analyzes log files, including IP addresses, from its servers. These files give a general picture of who is visiting the Website and which pages are being viewed most often. This information is collected to assist the Company in the maintenance and administration of the Website. The Company 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 Company or the Website; (b) protect and defend the rights or property of the Company; or (c) act under exigent circumstances to protect the personal safety of users of the Website, or the public. Except as noted above, the Company 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 Company 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 Company offers to Website users social networking tools that may include “friending," updating Profile information, posting comments on other users' Profiles and identifying Website content or User Generated Content as something of interest to a particular user. When a user takes advantage of the social networking tools, the user agrees to share personal information with other users. The Company 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. If you post User Generated Content to the Website that includes your User Name, email address or any other personally identifying information, you understand that that information can be read by any third party and may result in unsolicited messages from other posters or third parties.
Most of the Company’s services include information on how to remove your information, and/or and cancel a particular Company service. We do not generally delete or remove accounts. Alternatively, you may send an email to [email protected] to request the services and information you would like removed. Your request should include the specific reasons why the Company should remove identified content. The Company reserves the right to decline requests for removal of information based on maintaining the historical and archival nature of the Website.