WHATIFCOLORADO.COM WEBSITE TERMS AND CONDITIONS OF USE


Welcome to WhatIfColorado.com (the “Site”). This Site is operated by the Colorado Department of Public Health and Environment - Emergency Preparedness and Response Division (“EPRD” or “we” or “us”). Your access to and use of this Site is subject to the following terms and conditions of use (“Terms of Use”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms of Use.


1. What If? Colorado Competition

This Site has been created for use in connection with the What If? Colorado Reality Competition (the “Competition”). If you would like to enter the Competition (i) you must do so in accordance with the Official Rules, (ii) you will be required to submit an Audition Application/Affidavit and Release, and (iii) you will be required to submit an audition video in accordance therewith. Additional details regarding the Competition can be found on the home page of our Site. If you wish to submit video content over the Internet as part of your entry into the Competition, you acknowledge that such video will be uploaded through YouTube.com, rather than through the Site. EPRD will have no liability with regard to your use of the YouTube.com site, or any claims or damages suffered by you or any third party as a result of your use of such site, and your use of YouTube.com is solely governed by the terms of that site.


2. Personal Information You May Provide

If you choose to provide your personal information to us whether on the Site or otherwise (which may be required for certain actions on the Site, including if you wish enter the Competition), you agree to (a) provide true, accurate, current and complete information about yourself as prompted in the registration page, and (b) to maintain and promptly update the profile information to keep it true, accurate, current and complete. You must be at least 13 years old and a current legal resident of the State of Colorado to vote on the Site in connection with the Competition. If you are under 13, your parent or guardian must approve our participation in the activities of this Site. You may not enter the Competition unless you are at least 18 years old, as described in the Official Rules for the Competition.


3. Privacy Policy and Other Agreements

Protecting your privacy is very important to EPRD. Please read our Privacy Policy before proceeding to use our Site. Our Privacy Policy describes the types of information we may gather about you and the types of uses we make of such information, and is hereby incorporated into these Terms of Use.


These Terms of Use may be supplemented or amended by the terms of entry forms into the Competition or other “click-through” agreement between you and EPRD related thereto. For example, when you enter the Competition or upload certain content to our Site, you may be asked to agree to special terms governing that Competition entry or that content. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking a button marked “I agree.” If the terms relating to the subject matter of these Terms of Use are different than those special terms, the special terms will supplement or amend these Terms of Use.


4. Limited Use of Materials

This Site and any e-mails sent to you as a result of registering on this Site may contain materials including, but not limited to, text, audio, video and/or images (individually and collectively the “Materials”) which are protected by international copyright, trade secret and trademark laws. You may access and use the Materials solely for your personal, non-commercial use, provided you keep all copyright and other proprietary notices completely intact. You may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer or disassemble the Materials. Except for the limited rights explicitly granted to you herein, EPRD retains ownership of all right, title, and interest in and to the Materials including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how). We may also require you to follow additional rules, guidelines or other conditions that govern the use of particular Materials which can be accessed from the Site. Such rules, guidelines or other conditions are made a part of these Terms of Use.


EPRD’s name and logos and all related product and service names, design marks and slogans, including without limitation “What If? Colorado” are the trademarks or service marks of EPRD. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the owner. However, if you are a member of the press or otherwise wish to publicize information about the Competition in the media, you may download and use any press releases located on our Site, or please contact info@whatifcolorado.com for use of video clips or other information. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. EPRD reserves all legal rights and remedies available to it.


5. User-Submitted Materials

This Site contains the ability for entrants into the Competition to upload or otherwise submit certain biographical information and other materials (“Competition Materials”) to the Site or to third party sites. Such Competition Materials may be posted on the Site (or accessed through the Site via third party sites) in the sole discretion of EPRD.


By posting any Competition Materials or other content (collectively, “User-Submitted Materials”) to the Site (or to third party sites via links through the Site), you are granting EPRD ownership of all right, title, and interest therein, and EPRD will have the perpetual, irrevocable, worldwide, royalty-free right, as the owner of the User-Submitted Materials, to reproduce, modify, display, distribute, perform, transmit, and create derivative works thereof, in any and all media or form of communication whether now existing or hereafter developed, and the right to grant third parties the right to exercise any of the foregoing rights or any other rights EPRD may possess as the owner of the User-Submitted Materials, without notification or compensation to you, and without your consent. EPRD reserves the right at all times to disclose any User-Submitted Materials or information as is necessary to satisfy any law, regulation or governmental request. EPRD, in its sole discretion, may edit, refuse to post or remove any User-Submitted Materials, in whole or in part, for any reason, including, without limitation, materials that are objectionable or in breach of these Terms of Use.


It is a condition of this Site that you do not:


(a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;


(b) post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right holder;


(c) post or transmit any information, software or other material which contains a virus or other harmful component; or


(d) post, or transmit or in any way exploit any information, software or other material for commercial purposes which contains advertising, promotions or marketing.


By providing User-Submitted Materials to the Site (or to third party sites in connection with the Competition), you warrant and represent that you own the copyright for such information or have received permission from the person or entity who owns the copyright. EPRD reserves the right to remove any User-Submitted Materials without notice and with or without cause, at any time, in its sole discretion, and to terminate your access to, and use of, the Site, or to censor, edit or block your transmissions thereto.


If you wish to request that any User-Submitted Materials you submitted to the Site be removed from posting on the Site, please send an e-mail to info@whatifcolorado.com. If any Competition Material is requested to be removed from the Site by you or any third party for any reason, the Competition entry associated with such Competition Material will be disqualified by EPRD.


6. Notification of Claimed Copyright Infringement

In the event that you find content posted on the Site which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact EPRD’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information:
(a) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
(b) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
(c) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
(d) if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
(e) a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
(f) your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(g) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to:


Copyright Agent
What If? Colorado
Address: P.O. Box 13919, Denver, Colorado, 80201
Fax: 303-253-9763
E-mail: info@whatifcolorado.com


7. Links to the Site

You are hereby licensed to create hyperlinks to the Site, provided that the hyperlink accurately describes the content as it appears on the Site. EPRD reserves the right to revoke these licenses generally, or your right to use specific links, at any time, with or without cause. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. When a page of our Site is accessed from a link featured on your web site, each page within our Site must be displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.


8. Links to Third Party Sites

EPRD may provide links to Internet sites maintained by third parties. All links to other sites found on the Site are publicly available on the Internet and are provided solely for the convenience of users. Unless expressly stated otherwise, links on the Site are not sponsored by, affiliated with, or the responsibility of EPRD and the owners of such links are not affiliated with EPRD and do not sponsor or endorse the Site. EPRD has not tested or verified the content, accuracy, or opinions expressed on any links on the Site and disclaims any warranty or liability for damages associated therewith, including, without limitation, computer viruses or any other damages to your computer as a result of your using such links to third-party sites.


9. Limitation of Liability and Disclaimer of Warranty

Your use of this Site and the Materials is at your own risk. If you are dissatisfied with any of the Materials contained in this Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using this Site. The information and services available on or through our Site may come from a variety of sources. We may not actively monitor all of the content on our Site or in certain features or other Materials available on the Site. Therefore, we cannot verify, endorse or vouch for the information or recommendations available through our Site. EPRD assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the Materials contained on this Site. EPRD also assumes no responsibility and is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any Materials from this Site. You are responsible for any information you disclose on the Bulletin Boards, and EPRD will not be liable for the consequences of any such disclosure.


NEITHER EPRD, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE MATERIALS IS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPRD DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOST REVENUES, OR LOST PROFITS.
NEITHER EPRD NOR ANY Third Party CONTENT OR Service Provider PROVIDES ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND EPRD EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, THE MISUSE OR MISINTERPRETATION OF, OR THE RELIANCE ON ANY INFORMATION CONTAINED IN THE MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SITE AND THE MATERIALS. IN NO EVENT WILL THE LIABILITY OF EPRD TO YOU OR ANY THIRD PARTY EXCEED $10, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.


10. Indemnification

You agree to immediately notify EPRD of and to indemnify and to hold EPRD harmless from any and all claims (including reasonable attorneys’ fees and costs) resulting from: (i) User-Submitted Materials provided by you; (ii) your acts, omissions, or representations in any way related to these Terms of Use; (iii) your access to, and use of, the Site; or (iv) any information or services you receive through the Site. You shall use your best efforts to cooperate with us in the defense of any claim. EPRD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


11. Contacting EPRD

If you have any questions about the Competition, these Terms of Use, this Site, or EPRD, feel free to contact us at info@whatifcolorado.com.


12. General

These Terms of Use will be construed solely in accordance within the laws of the State of Colorado, without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to this Agreement may only be brought in a court of competent jurisdiction in Denver, Colorado, or in the U.S. District Court for the District of Colorado in Denver, and each party hereby consents to the jurisdiction and venue of such court, and waives any objections thereto. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of remaining provisions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These Terms of Use constitute the complete agreement between you and EPRD with respect to the Site and supersedes all prior communications and agreements. EPRD may at any time, in its sole discretion, revise these Terms of Use by updating them on this page of the Site. You are bound by any such revisions and should therefore periodically visit this web page to review the current Terms of Use