Terms of Use

Last updated December 9, 2019.

1. Your Acceptance

By accessing and using Protect Our Winter’s websites, social media pages, and other branded digital properties owned and operated by Protect Our Winters (“POW,” “we,” “our,” or “us”) – including, for example, the website located at https://protectourwinters.org/) ( together with all content and functionality available through the property, our “Website”) – you signify your agreement to (1) these terms and conditions (the “Terms of Use”), and (2) our privacy policy, found at https://www.protectourwinters.org/privacy-policy and incorporated here by reference (the “Privacy Policy”), which describes our privacy practices, including with regard to the collection, use and disclosure of information on the Website. If you do not agree to any of these Terms of Use or the Privacy Policy, do not use the Website.

We may occasionally update these Terms of Use, especially as new features are added to this Website. We will indicate that the terms have changed by changing the “Last Updated” date displayed above. Any changes in these Terms of Use will take effect upon posting.

We encourage you to periodically check for updates to these Terms of Use and to review the most up-to-date version on the Website. You agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. About the Information on This Site

The Content (as defined below) available on this Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe POW’s publication of the Content on this Website as a warranty or guarantee of the quality or availability of any goods or services.

3. Eligibility

By using this Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this Website does not violate any applicable law or regulation. The Website is not directed toward children under 13 years of age nor does POW knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to POW.

4. Use of Materials on This Site

The content on this Website includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, User Submissions (as defined below), information obtained from POW’s licensors, and other materials (“Content”). Except with respect to User Submissions, title to the Content on this Website remains with POW. Except with respect to User Submissions, POW invites you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or POW. You are not permitted to use the materials on this Website except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. You may not, without POW’s written permission, “mirror” any Content contained in this Website or any other server.

5. Your User Submissions and Conduct

As a user you may submit textual and photo content (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you hereby grant POW a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submission from the Website. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to the following guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations:

• We are a non-partisan organization. You will not post images or comments that include partisan content.
• You will not post images or comments that include political electoral content. We seek to provide a forum to discuss policy – not to advance the interests of any particular political party or candidate for office.
• You will not post images or comments that include pornographic or sexually explicit content.
• You not post images or comments that include showing graphic or gratuitous violence.
• You will only upload images or comments that you made or that you are authorized to use. This means you will not upload images or comments you didn’t make, or use content in your images or comments that someone else owns the copyright to without necessary authorizations.
• You will not post images or comments that include hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
• You will not post images or comments intended to solicit business or promote any products for use or sale.
• You will not post images or comments that contain private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
• You will not post images or comments that contain viruses, corrupted data or other harmful, disruptive or destructive files.

POW does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Although POW has no obligation to do so, we reserve the right in our sole discretion to remove Content and User Submissions without prior notice.

6. Links to POW Websites

Unless otherwise set forth in a written agreement between you and POW, you must adhere to POW’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with POW’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with POW, (iii) when selected by a user, the link must display this Website on full-screen and not within a “frame” on the linking Website, and (iv) POW reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of POW’s logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.

7. Links to Third Party Sites

POW, in its sole discretion, may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by POW and are maintained by third parties over which POW exercises no control. Use of these sites is at your own risk. Accordingly, POW expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites and POW disclaims all liability with regard to your access to and use of such linked websites. Moreover, these links do not imply an endorsement by POW with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT, FEATURES, FUNCTIONALITY, PRODUCTS, SERVICES AND PROMOTIONS MADE AVAILABLE ON OR THROUGH THE WEBSITE) SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, POW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE THEREOF. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

9. Limitation of Liability

IN NO EVENT SHALL POW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusions and Limitations: 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. This Limitation of Liability shall be applied to the maximum extent permitted by applicable law.

The Website is controlled and offered by us from our facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to indemnify, defend and hold POW, its affiliates, and their respective officers, directors, agents, partners and employees, licensees and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of this Website and/or breach of this Agreement. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

11. Copyright

The Website, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” unless otherwise indicated is protected by U.S. and international copyright laws. POW also owns a copyright in the Content of this Website, and in the selection, coordination, arrangement, and enhancement of the Content on this Website. Any downloadable or printable programs, information, or materials available through this Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by POW. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of this Website, or individual sections of the Content, design or layout of this Website, without POW’s express prior written permission.

12. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law.

If you believe, in good faith, that materials hosted on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

Notices and counter-notices must meet the current statutory requirements imposed by the DMCA. As of the date these Terms of Use were last updated, to be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our agent that includes the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and, if available, email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) 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.

See http://www.loc.gov/copyright/ for current details.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. We will not be liable to you under any circumstances for declining to replace material.

We suggest that you consult your legal advisor before filing a notice or counter-notice, as there may be penalties for false claims under the DMCA.

Notices and counter-notices with respect to the Website should be sent to our Designated Agent:

if by mail to:

Attn:
Protect Our Winters
4676 Broadway Street
Boulder, CO 80304

if by e-mail to:
[email protected]

13. General

You agree that: (i) the Website shall be deemed solely based in the State of Colorado; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Colorado. All claims arising out of this Agreement or relating to this Website will be governed by the laws of the State of Colorado, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in or for Denver County, Colorado, USA. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. These Terms of Use, together with the Privacy Policy and any other legal notices published by use on the Website, shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Contact Information

If you have questions about these Terms of Use, you can contact POW at [email protected]rwinters.org.