WHATIFCOLORADO.COM WEBSITE TERMS AND CONDITIONS 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.
4. Limited Use of Materials
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 firstname.lastname@example.org 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.
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 email@example.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:
What If? Colorado
Address: P.O. Box 13919, Denver, Colorado, 80201
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
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.
11. Contacting EPRD