Effective Date: May 6, 2016
ACCESS AND USE OF THE SERVICES.
Accuracy of Information. You agree that you will, at all times, provide true, accurate, current and complete information when submitting information or materials through the Services, including when you provide information via an Event (as defined in Section 3) signup, a channel signup or a submission form. By providing us information, you represent that all information submitted belongs to you.
Local Laws; Export Control. You agree to abide by all applicable local, state, national and international laws and regulations with respect to your access and use of the Services or any Content. Company makes no representation that the Services are appropriate or available for use in other locations outside the State of Colorado, and access to the Services from states, territories or nations where any aspect of the Services are illegal is prohibited. You access the Services on your own volition and are responsible for compliance with all applicable local and other laws with respect to your access and use of the Services. You agree not to import, export, re-export or transfer, directly or indirectly, any part of the Services or any Content except in full compliance with all United States, foreign and other applicable laws and regulations. You agree to assume all responsibility related to or in connection with your access or use of the Services or any Content.
Use of the Internet; Mobile Devices. You are responsible for any costs you incur to access or use the Internet or the Services or to participate in any Event (as defined in Section 3), including any phone, mobile device, message, data, or other fees or charges. You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Services is solely at your own risk. While Company has endeavored to create secure and reliable Services, you should understand that the confidentiality of any communication or material transmitted to or from the Services over the Internet or other form of communication network cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted to, from or through the Services.
attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Company server or to any of the services offered on or through the Services, by hacking, password “mining” or any other means;
probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Company’s systems or networks or any systems or networks connected to the Services;
use any device, software or routine to interfere with the proper working of the Services or with any other person’s use of the Services;
forge headers, impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or information you send on or through the Services;
use the Services to harvest or collect phone numbers, e-mail addresses or other contact or personal information; or
use the Services in an unlawful manner or in a manner that could damage, disparage or otherwise negatively impact Company.
EVENTS SUBJECT TO CHANGE, CANCELLATION OR REMOVAL. All telephone town hall or other events that you sign up for on or through the Services or are otherwise accessed through or posted on the Services (“Event(s)”) are subject to change or cancellation at any time, with or without notice to you. If you have signed up for an Event and the time or date of the Event changes or the Event is cancelled, we may, but are not obligated to, attempt to notify you prior to the originally scheduled Event time. In addition, any rebroadcast of a past Event may be removed from the Services at any time without notice to you.
EVENTS, SIGNUPS AND CANCELLATIONS.
Event Participation.By participating in an Event, you agree that your voice and the Event may be monitored, recorded, made into derivative works, rebroadcast and used in other formats in various media on the Services or otherwise. You agree that you have no rights, title or interest in or to the copyrights associated with the Events and that your voice is part of that copyright. By participating in an Event, you have no claim to any copyright or any other intellectual property right in any recording or copyrighted work of the Event. You also agree that you will not assert any right of privacy or right of publicity related to your participation in the Event.
Events and Signups. When you sign up for an Event or a channel, you authorize us to contact you (via email, text message or live or pre-recorded call, using automated technology) to provide information about: (i) your use of the Services; (ii) the Event(s) or channels you have signed up for; (iii) Content that may interest you; (iv) updates to the Services; or (v) other information concerning the Services. In addition, you authorize us to share your information with our customers that host or sponsor Events, our channels and third-party service providers (“Partners”). If you cancel your signup for an Event or a channel, we will use reasonable efforts to notify the applicable Partners that you have cancelled. However, Company is not responsible or liable in any way if a Partner continues to contact you or for any other actions or inactions of our Partners with respect to your information.
Cancellations. To cancel a signup for an Event or a channel, follow the instructions under the “My Vekeo” tab in the main menu on the Vekeo website. You may also opt out of receiving phone calls, emails or texts from us by following any instructions provided in such phone call, email or text or by sending us an email with the relevant information at [email protected].
Postings. The Services may contain blogs, message boards, forums, comment areas and other interactive features where users can share and display materials, information and audible commentary (“Posting(s)”). You agree that you will not post, transmit or discuss any of the following on or through the Services or its Postings:
anything that interferes with or disrupts the Services or the operation of the Services;
statements or material that defames, harasses, abuses, stalks, threatens, intimidates or in any way infringes on the rights of others;
unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets or privacy of others;
statements or material that violates any contractual or fiduciary rights, duties or agreements;
statements or material that is bigoted, hateful or racially offensive;
statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
statements, images or other material that contains vulgar, obscene, profane or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
statements or material that harms minors;
statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of Company;
statements or material that misrepresents your affiliation with any entity and/or Company;
anything that violates the privacy or publicity rights of any other person, including displaying any personal identifying information of another individual;
statements or material that constitutes junk mail, spam or unauthorized advertising or promotional materials; or
files that contain malicious code, viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer, network or the Services.
Permission for Postings. You represent that you have all necessary rights, consents or permissions to make any Posting. You also acknowledge that all Postings are non-confidential and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. In connection with making any Posting, you hereby and automatically grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit and otherwise use any such content or information for any purpose in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. Company assumes no responsibility for the deletion of or failure to store any Posting, Content or information. Company is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.
FEEDBACK AND SUBMISSIONS. Company welcomes your general feedback and comments about the Services or Company’s products and services. However, Company and its employees are in constant development of new products, services, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. Company does not accept or consider any suggestions, information, material or other ideas (collectively, “Submissions”) for use in any of its products or services or the Services that have not been specifically requested by Company. Company asks that you refrain from making any such Submissions. If you ignore this request, any Submissions you make to Company will automatically become the property of Company. By making a Submission, you assign all right, title and interest in and to such Submission to Company. Company will thereafter exclusively own all existing rights to such Submission. You acknowledge and agree not to contest Company’s rights to use and disclose such Submissions in any manner and for any purpose, commercial or otherwise. You further acknowledge and agree that you will not be compensated for any Submission.
LINKS TO OTHER SITES. Company may provide links, in its sole discretion, to other websites for your convenience, including websites of our Partners, websites through which you are able to log into the Services using your existing account and log-in credentials for such third party website, and other websites that may provide or help you locate information, products and services. These websites have not necessarily been reviewed by Company, are maintained by third parties over which Company exercises no control and may have different privacy policies and terms and conditions than the Services that govern your use of such websites. Accordingly, Company expressly disclaims any responsibility or liability for the content, the materials, the accuracy of the information and/or the quality of the products or services provided by, available through or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the information, products or services provided by any third party.
THIRD-PARTY PRODUCTS/SERVICES. Company, in its sole discretion, may post the advertisements of third parties on the Services and/or feature materials, programs, products and services provided by third parties, including Company’s Partners. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness or reliability of such third-party materials, programs, products and services or any other materials, programs, products and services which such third-party materials, products and services may access. Your correspondence or any other dealings with third parties found on the Services are solely between you and such third parties. Accordingly, Company expressly disclaims any responsibility or liability for all third-party provided materials, programs, products and services contained on or accessed through the Services, and you agree that Company will not be responsible for any loss or damage of any sort incurred as a result of any such dealings with or as the result of the presence of such third parties on the Services.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that any Content, Event, Posting or other materials or information displayed on or provided through the Services, including through a link, infringes your copyright, then you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with an email at [email protected] (please use subject line “DMCA Notice”). See 17 U.S.C. § 512 for more information. To be effective, the notice must be in writing and contain the following:
An electronic or physical signature of the person authorized to act on behalf of an exclusive copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable Company to identify and locate the material;
How Company can contact you, such as your address, telephone number and email address;
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
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
You may also contact us by mail at Attention: Copyright Agent, Broadnet Teleservices, LLC, 1805 Shea Center Drive, Suite 160, Highlands Ranch, Colorado 80129, or by facsimile at 303.346.6342.
Any communication sent to the Copyright Agent or to [email protected] for any purpose other than communication about copyright infringement may not be answered. Company may terminate repeat infringers under appropriate circumstances.
If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and
Your name, physical address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Identification of the work claimed to have been infringed (e.g., trademark registration);
Identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Services;
Your contact information, including your address, telephone number and a valid email address; and
A statement by you that you have a good faith belief that use of the material is not authorized.
You may also contact us by mail at Attention: Legal Department, Broadnet Teleservices, LLC, 1805 Shea Center Drive, Suite 160, Highlands Ranch, Colorado 80129, or by facsimile at 303.346.6342.
By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, Company may remove or disable access to the allegedly infringing content in its sole discretion. Company may terminate repeat infringers under appropriate circumstances.
DISCLAIMER. THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACCURACIES. COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT, EVENTS, POSTINGS OR THIRD PARTY PRODUCTS OR SERVICES THAT ARE AVAILABLE THROUGH OR FROM THE SERVICES OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS. MOREOVER, COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SERVICES OR IN THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY OR ACCURACY OF THE CONTENT, EVENTS, POSTINGS, INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM OR THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER, VENUE, WAIVER OF JURY TRIAL, ETC.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Pre-Arbitration Claim Resolution. We always prefer to resolve issues with you as quickly and efficiently as possible. Before initiating any arbitration or other proceeding, you agree to first discuss the matter with Company informally. To do so, please send your full name, address and contact information, a description of your concern and your proposed solution to us via mail at Attention: Legal Department, Broadnet Teleservices, LLC, 1805 Shea Center Drive, Suite 160, Highlands Ranch, Colorado 80129. If Company does not resolve your concern within 45 days after it receives your written notification, then you may pursue your matter in arbitration. You may pursue your matter in court only under the circumstances described in this Section.
Small Claims Court. Instead of using arbitration, you may pursue a Claim in small claims court as long as (i) the Claim is subject to the rules of small claims court; (ii) the Claim remains in that court, and (iii) the Claim is made solely on your behalf and on an individual basis. If the Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
Venue. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts in Denver County, Colorado for any Claims. All arbitration hearings will be held in Denver County, Colorado.
Time Limit for Making Claims. Any Claim you might have against Company must be brought within one year after the Claim arose, or such Claim is barred.
Waiver of Jury Trial. YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A JURY TRIAL.
FORCE MAJEURE. You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including failure of electronic or mechanical equipment or communication lines, Internet, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, acts of terrorism or governmental restrictions.
GENERAL GIVEAWAY RULES. From time to time, our Partners may give away prizes during an Event or in connection with an Event. Unless otherwise stated on the Services, during the Event or in another communication about the giveaway, the following rules govern any prizes given away during an Event or in connection with an Event:
The prize giveaway is sponsored and administered by the Partner sponsoring the Event.
Prizes to be given away will be announced during the Event or in another communication about the giveaway.
Prize winners will be selected randomly (or as described during the Event or in another communication about the giveaway) and announced during the Event or through a separate communication.
You must be at least 18 years old and a U.S. resident to participate in the giveaway. Prizes may be limited to one prize per individual per Event.
The sponsor may substitute any prize for another prize of equal or greater value. Prizes are not transferable or redeemable for cash.
The odds of winning will depend on the number of people participating in the Event.
You will be notified of the timing and method of prize delivery during the Event or in another communication about the giveaway.
You agree to be bound by and comply with these rules and all decisions regarding the prize giveaway, which are final and binding.
Winners are responsible for any applicable taxes.
Neither Company nor the Partner sponsoring the prize giveaway are responsible or liable for any telephone, Internet or electronic malfunctions, for any claims or losses related to use of a prize or participation in the giveaway, or any non-delivery or dissatisfaction with a prize.
The prize giveaway may be modified or terminated at any time and for any reason.
No purchase necessary to participate.
Void where prohibited. Subject to federal, state and local laws.
If the giveaway was communicated via Facebook or other websites, then please note that the giveaway is not sponsored, endorsed or administered by, or associated with Facebook or the other websites. You agree to release Company, Facebook and any other websites that communicated the giveaway from any and all responsibility or liability in connection with the giveaway.