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Terms of Use

Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. The Journal and its affiliate publications (the “Company”) reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company’s site. The Company may require you to register and provide certain information to it as a condition of using or accessing certain features, functions and content.

Trademarks, Copyrights, and Restrictions

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. The-Journal.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.The-Journal.com or any other website 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 website 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 The-Journal.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.

Submissions

Copyright on materials contributed by The Journal and its affiliate publications readers and/or members is 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.
5. Private personal information published without consent.

Specific Terms of Services Related to Reader Comments

By posting on The-Journal stories, blogs, any other part of this site, or on The Journal’s Facebook page at facebook.com/TheJournalCO, you:

• Agree not to solicit others. You agree not to use this site’s commenting features to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind, without the Company’s express written approval;
• Agree not to have multiple personalities on our site’s commenting features. Each reader may have only one log-in. Usage of multiple log-ins will result in our removing your posting privileges.
• Agree not to upload, post, distribute, e-mail or otherwise publish or make available through this site any libelous, defamatory, obscene, harmful, vulgar, threatening, tortuous, harassing, abusive, invasive of another’s privacy, hateful, racially or ethnically objectionable, or otherwise illegal material;
• Agree not to post in manner than emulates, purports or pretends to be someone else. Under no circumstances are readers posting to this site to knowingly use the name or identity of another person, whether that is another reader on this site, a public figure, celebrity, elected official, etc … This also means that readers will not knowingly give out any personal information of other members of these forums;
• Agree not to self-promote with links to your own blog or website, especially when such a link would be off-topic for the part of the site you're commenting on;
• Agree to be civil. The company wants to encourage dialogue and debate that leads to greater understanding. Our goal is to elevate the daily conversation. This means comments should be relevant and contain no abusive or profane language, including abbreviations of profanity. Comments may be deleted at the sole discretion of the company;
• Agree not to use this forum for personal attacks. This includes any sort of personal attack — including, but not limited to the people in our stories, the journalists who create these stories, or anyone else in this community;
• Agree not to post the exact same (or very similar) comment on multiple stories, especially when said comment has nothing to do with one or more of the stories;
• Agree not to engage in flame wars or troll our comment threads;
• Agree not to post in all caps.
• Agree not to publish personal/contact information about any readers or story/photo/video/blog subjects you obtain via information obtained from this site. If you do so, The Journal retains the right to ban your account and to use personal information identifying whom you are to help in any legal cases brought against you for such actions.
• Agree not to post in full or in part any copyrighted content in the form of text or images including content from The Journal.
• Agree not to post instructions that would result in financially damaging The Journal.
• The management and editors of The-Journal.com retain the right to remove individual posts or to revoke the access privileges of anyone who we believe has violated any of these terms or any other term of this agreement.

License

For all such information and material, you grant The Journal, 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.

No Pre-Screening or Editing

This site offers weblogs, forums, photo galleries and other interactive areas where users can express opinions and share ideas and information. The Journal 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 The Journal 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.

Termination

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.

Jurisdiction

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.