Terms and conditions

Terms and conditions of use

Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via the Coloradoan Times.com, digital television, PDA, mobile phone and RSS feeds. In these terms and conditions, when we say the “Coloradoan Times Site” or “our site” we mean the digital information network operated by or on behalf of Coloradoan Times News & Media Limited or its parent companies, subsidiaries and affiliates (collectively “Coloradoan Times”), including without limitation, www.coloradoan-times.com and any other domains, websites or apps owned or operated by Coloradoan Times, and the material on such domains, websites and apps, in each case as may be updated from time to time. However you access the Coloradoan Times Site (whether via a third party site, app, link or otherwise), you agree to be bound by these terms and conditions.

Though you should read all sections carefully, your attention is specifically drawn to the following sections of these terms and conditions: section 3 (which concerns your use of material on the Coloradoan Times Site), section 4 (which sets out our disclaimers of liability), section 6 (which concerns the content you submit to us) and section 12 (the indemnification you provide to us for your breach of these terms and conditions).

If you have accessed the Coloradoan Times Site from the United States or Australia, you also agree to be bound by the additional terms contained at the end of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel or restrict your access to all or part of the Coloradoan Times Site immediately and without prior notice.

1. Use of material appearing on the Coloradoan Times Site

You acknowledge that, as between Coloradoan Times and you, except for user content and advertisements (as discussed below), Coloradoan Times is the sole owner of all content on the Coloradoan Times Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video, URLs, metadata and other material appearing on the Coloradoan Times Site (“Coloradoan Times Content”). The Coloradoan Times Site and the Coloradoan Times Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.

Your use of the Coloradoan Times Site and Coloradoan Times Content is for your own personal and non-commercial use only. You may download and print extracts from the Coloradoan Times Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.

You shall not use (and you shall also not facilitate, authorise or permit the use of) the Coloradoan Times Site and/or any Coloradoan Times Content for any other purpose without our prior written approval - this includes, without limitation, any scraping of the Coloradoan Times Content or reproduction, copying, alteration, collection and/or extraction of the Coloradoan Times Content, in each case, for text and data aggregation, analysis or mining purposes or for any commercial use.

Other than as expressly set out in these terms and conditions, or otherwise approved by the Coloradoan Times, you shall also not use, or facilitate, authorise or permit the use of, any “robot”, “bot”, “spider”, “scraper”, or other automated device, program, technique, tool, process or method, on or in relation to the Coloradoan Times Site and/or the Coloradoan Times Content for any purpose (such as, but not limited to, gathering or extraction).

For the avoidance of doubt, the Coloradoan Times reserves all rights in the Coloradoan Times Content.

Except as expressly authorised by the Coloradoan Times, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Coloradoan Times Site.

2. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the Coloradoan Times Content. Nothing in the Coloradoan Times Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Coloradoan Times Content or any part of it. You can access other sites via links from the Coloradoan Times Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Coloradoan Times Site or the Coloradoan Times Content. In particular, we do not warrant that the Coloradoan Times Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Coloradoan Times Site, we do not guarantee this. We accept no responsibility or liability for any unavailability, interruption or delay.

If you are accessing the Coloradoan Times Site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 11 onwards apply.

3. Third party advertising on the Coloradoan Times Site

You will see advertising material submitted by third parties on the Coloradoan Times Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

4. Apps

You may download certain Coloradoan Times apps, including “The Coloradoan Times News App” (the “App”), either from Coloradoan Times Sites or from third party app stores or shops (“Apps”). All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Coloradoan Times Sites).

In addition to the limitations on our liability set out in Sections 4, 17 and 18, we shall not be liable for any damage caused to, or interference with, any equipment or other apps or content of any description.

5. App Meter

The Live App contains a meter, which places a limit on the Coloradoan Times Content you may access on the Live App without charge (“App Meter”). If you have an existing subscription with the Coloradoan Times which includes access to Coloradoan Times Content on the Live App, the App Meter will not apply to you and you will just need to sign into your Coloradoan Times account to continue your unlimited access.

The App Meter will specify the amount of free content (“Content Allowance”) that you may access within a specified time period (the “Access Period”) when using the Live App. Your Content Allowance and the Access Period will refresh within the time period shown on the App Meter (the “Refresh Period”).

Once you have reached the Content Allowance within the Access Period, you will not be able to access any further content on the Live App: (i) unless you subscribe to the Live App; or (ii) until a new Content Allowance and Access Period apply following a Refresh Period. Before you incur any charges via the Live App, we will make it clear that charges apply and specify the services that we will provide to you in return for payment.

From time to time, we may vary the Coloradoan Times Content that is subject to the App Meter, the Content Allowance, the Access Period and the Refresh Period on the Live App. At times, this may mean that different Coloradoan Times Content, Content Allowances, Access Periods and Refresh Periods apply to different users at any time. If you do not agree with changes to any of these things, you must stop using the Live App.

We reserve the right to introduce temporary offers and discounts from time to time, to enable users to access the Live App without an App Meter for a reduced cost or without charge. These promotional offers will be subject to their own terms, which will be published together with the relevant offer, and subject to availability.

All Coloradoan Times Content will remain freely available on Coloradoan Times.

6. Data protection

To find out what personal data we collect and how we use it, please visit our privacy policy at https://www.coloradoan-times.com/cookie-policy.

7. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised terms and conditions will be applicable at the time of posting on the Coloradoan Times Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Coloradoan Times Site after it has been posted.

8. Governing law & jurisdiction (except for users of the United Kingdom)

These terms and conditions are governed by United States law and the parties agree to submit to the exclusive jurisdiction of the United States courts.

9. Indemnification

You agree to defend, indemnify, and hold harmless Coloradoan Times, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees, in full from any and all damages, losses, demands, claims, liabilities, costs, and expenses (including, but not limited to, loss of profits, loss of revenue and attorneys’ fees and expenses), arising out of, or in connection with, a breach by you or any user of your account of: (i) these terms and conditions or privacy policy or (ii) your obligations, representation and warranties under these terms and conditions.

10. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Coloradoan Times.

Additional terms of use for users in the United Kingdom and Australia

11. Additional restrictions on user content for users of the United Kingdom

In addition to section 2 above, you agree not to use the Coloradoan Times Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the United Kingdom Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the London Stock Exchange or the LSEG, and any rules, regulations, orders, directives and the like having the force of law).

12. DMCA notice for users of the United Kingdom

If you are a United Kingdom copyright owner or an agent of a United Kingdom copyright owner and believe that any user content or other content on the Coloradoan Times Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United Kingdom Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;

Coloradoan Times’s designated copyright agent to receive notifications of claimed infringement is: news@coloradoan-times.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

13. Governing law & jurisdiction (for users of the United Kingdom)

If you have accessed the Coloradoan Times Site from Great Britain, these terms and conditions are governed by the laws of the Great Britain and the laws of the State of England. You agree that exclusive jurisdiction for any claim or dispute with Coloradoan Times or relating in any way to your use of the Coloradoan Times Site resides in the courts of the County of London, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of London, State of England, in connection with any such dispute and including any claim involving Coloradoan Times News & Media LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Coloradoan Times Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

14. Additional disclaimers (for Australian users and users of the United Kingdom)

Visitors to the Coloradoan Times Site agree that their use of the Coloradoan Times Site is at their own sole risk. The Coloradoan Times Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Coloradoan Times Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Coloradoan Times also makes no representations and warranties as to any linked sites and Coloradoan Times has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Coloradoan Times Site may represent the opinions and judgments of providers or users, such as user content. Coloradoan Times and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Coloradoan Times Site by anyone other than authorised Coloradoan Times employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Coloradoan Times Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Coloradoan Times Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Coloradoan Times does not warrant or guarantee that access to the Coloradoan Times Site will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

15. Limitation of liability (for Australian users and users of the United Kingdom)

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL Coloradoan Times OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE Coloradoan Times SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE Coloradoan Times SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF Coloradoan Times SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, Coloradoan Times’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING Coloradoan Times’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

16. Exclusion of warranties (for Australian users)

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by Coloradoan Times of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 16 and 17 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).

Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on Coloradoan Times are expressly excluded under these terms and conditions.

17. Non-Excludable Obligations (for Australian users)

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), Coloradoan Times’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.