Carmen Creek may modify these Terms from time to time. Modifications are effective immediately upon being posted on the Site. You should read these Terms whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by these Terms as modified. If you are not willing to be bound by these Terms, or if you are under 16 years old, do not use the Site and do not submit any information to Carmen Creek through the Site.
1. Restrictions on Use of the Site
You may view the Site and download and/or print content from the Site solely for your non-commercial use. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any content from the Site without Carmen Creek ’s prior written consent.
All of the content on the Site, including without limitation all text, images, graphics, sounds and software code, is the copyrighted work of Carmen Creek or others and your use of all such content is subject to the restrictions set forth in paragraph 1 above. “ Carmen Creek ™” trademark and logo are owned by Carmen Creek and may not be used or displayed without the prior written consent of Carmen Creek. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.
3. Registration Information
Carmen Creek may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information, including your email (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Site. By providing Registration Information, you are opting-in for certain Carmen Creek communications, including newsletters, to be sent your email address. At any time, you may opt-out of any and all Carmen Creek communication, including newsletters. By subscribing to any Carmen Creek newsletters you agree to receive dedicated emails from Carmen Creek or select third party advertisers.
4. Site Directed at United States Visitors & Canada
The Site is targeted at and intended for visitors residing in the United States and Canada. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of these countries. Carmen Creek makes no representations or warranties that the Site is appropriate or available for use in countries outside of the United States and Canada. Visitors who choose to access the Site from outside of the United States or Canada do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
5. Links to Third Party Sites
6. Mobile Terms and Conditions
The following terms and conditions govern your use of the Site’s mobile interface. Your use of any aspect of the Site’s mobile interface will constitute your agreement to comply with these terms and conditions. Your carrier’s standard messaging rates apply to all mobile text messages you initiate from the Site’s mobile interface to your cell phone. All charges are billed by and payable to your mobile service provider. You agree that the cell phone number you enter in the Site’s mobile interface is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
7. No Warranty
YOUR USE OF THE SITE IS AT YOUR OWN RISK. Carmen Creek does not guarantee or warrant that files available for download from the Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, everything on the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARMEN CREEK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Limitation of Liability
In no event will Carmen Creek or any other party involved in creating or maintaining the Site or any of its contents be liable for any damages (including, without limitation, direct, incidental, special, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use the Site, including without limitation damages to your computer equipment. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
9. Injunctive Relief
You acknowledge that any use of the Site except as expressly permitted by these Terms without the prior written permission of Carmen Creek will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.
You agree to indemnify, defend and hold harmless Carmen Creek and its affiliated entities, its and their respective officers, directors, members, agents, employees, consultants, freelancers, independent contractors and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses(including reasonable fees, disbursements, and other charges of counsel), resulting from any violation by you of these Terms.
11. Applicable Law
These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in Denver County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
12. Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Site should be sent ONLY to Carmen Creek ’s Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. CARMEN CREEK CAUTIONS YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF CARMEN CREEK RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
1395 S Platte River Dr.
Denver, CO 80223
Telephone Number of Designated Agent:
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; identification of the copyrighted work (or works) that you claim has been infringed; a description of the material that you claim is infringing and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); a clear description of where the infringing material is located on the Site, including as applicable its URL, so that Carmen Creek can locate the material; your address, telephone number and e-mail address; a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACTS LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.