Terms of Service
Mind the rules and all will be just fine!
These terms and conditions ("Terms") are between Community Media Arts & Entertainment Group, NPO ("CMAEG," "us," or "we") and the person or entity ("you" or "Subscriber") using CMAEG applications, websites, software, and services (the "Platform"). By using the Platform, you agree to be bound by these Terms. If you do not agree to the Terms, do not use the Platform. These Terms are subject to change at any time; you are therefore encouraged to periodically review the Terms to ensure that you are aware of any changes. By continuing to use the Platform after the Terms are updated, you agree to be bound by the most current version of the Terms.
You must be of legal age of consent within the jurisdication where you reside to use the Platform, and at least 21 years or older to post events on the Platform, and assume the obligations set forth in these Terms.
1.2 Registration as a Condition to Use Only
Registered users (each, a "User") may use the Platform. By using the Platform, you warrant that you are a User. As a User, you shall not allow third parties to access the Platform using your account, and you are personally responsible for any use of the Platform through your account, whether by you or a third party.
1.3 Acting on Behalf of Third Parties
PRIVATE USE ONLY! You MAY NOT use the Platform on behalf of any corporation or entity that you represent, or for commercial purposes. You may only use the Platform as a private person representing yourself.
2. THE PLATFORM
The Platform is a digital bulletin board and community announcement network through which you authorize CMAEG to use automated tools to format and display multimedia content, including text, data, photographs, graphics, or other information ("Content") on digital bulletin billboards and streaming media devices ("Screens"). CMAEG may make certain tools available to assist you in using the Platform. CMAEG and/or our affiliates may participate in or make use of the Platform. There are two primary functions to our Platform: (1) Digital Bulletin Board, and (2) Community Announcement Network.
2.2 Digital Bulletin Board
The Platform allows you to be a Screen Owner - set up your smart phone, TV, or any digital smart device as a digital bulletin board for displaying private event announcements from within defined areas.
2.3 Community Announcement Network
The Platform allows you to be a voice in your community - request to display Content on the network of Screens or digital bulletin boards.
2.4 Alternative Channels
You agree that CMAEG may display your Content in alternative channels, such as websites or applications allowing people to see when and where your Content was displayed.
3. INTELLECTUAL PROPERTY
CMAEG hereby grants you a worldwide, non-exclusive, revocable, limited, personal, non-sublicensable and non-transferable license to use the Platform in accordance with these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in such Platform.
You (a) authorize CMAEG to identify you by name and/or logo as a subscriber of the Platform in any format and for public purposes or any other purpose that we deem useful, and (b) grant us a limited license to use and display your trademarks and logos for such purposes. You may opt out of this section by submitting a written request to CMAEG using the contact information provided in Section 6.9 of these Terms.
3.3 Customer Data
4. USE OF PLATFORM
4.1 Personal Account
As a Subscriber, you will be required to register your cellular number for an account, which will be associated with log in information to protect your account. Your CMAEG account is for your exclusive personal use. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity.
(a) Your account is associated with your name, cellular number, date of birth, and postal code. You are responsible for protecting this information. All accounts are protected using two-step verification. If you believe the security of your has been compromised, you must contact CMAEG immediately using the contact information provided in Section 6.9 of these Terms.
(b) When creating an account, you may be asked to provide information such as a physical address. You warrant that all such information you provide is complete, accurate, and current and that CMAEG may rely on such information.
You retain all rights, title and interest in and to your Content. By submitting Content to share on the Platform, you agree to the following:
(a) You are solely responsible for and assume all liability for your Content and bear all risks and liability associated with using the Platform to share/display the Content.
(b) You warrant that the Content does not contain misleading, false, illegal, or inappropriate information.
(c) You warrant that you own or otherwise control all rights (including but not limited to copyright and trademark rights) necessary to use the Content and that our display and use of such Content will not infringe or violate the rights of any third party.
4.3 Use as a digital bulletin board
(a) The Platform allows you to be a Screen Owner - set up your smart phone, TV, or any digital smart device as a digital bulletin board for streaming media player. You may use any internet connective device to access CMAEG Content.
4.4 Use as a community announcement network
(a) The Platform allows you to be a Voice - request to display Content on our network of Screens or digital bulletin boards.
(b) Screen Owners have the ability to post Content, and accept or reject any Content request.
4.5 Payment and Collections
CMAEG is a nonprofit corporation. KLOKi.us, PirateRadioDenver.net, PhunkyRide.com, MediaPressKit.net, and TOUTout.net are provided a public service of CMAEG. Any and all payments and collections received are in the form of contributions made by supporters.
4.6 External Destinations
You are solely responsible for all external destinations to which your Content may direct viewers (each, a "Destination"), including but not limited to physical locations, websites, and phone numbers. You are solely responsible for any products or services offered at such Destinations. By posting Content that directs viewers to a Destination, CMAEG does not endorse or become affiliated with such Destination.
4.7 Other Policies and Guidelines
Your use of the Platform is subject to the Design Guidelines and any other policies and guidelines that we may put in place. We reserve the right to augment or modify such policies and guidelines at any time.
4.8 Removal of Content
CMAEG may remove Content at any time if we, in our sole discretion, determine that such content violates our guidelines, is illegal or is otherwise offensive to the moral standards of the community. We believe that our medium is an outlet for free speech; however we balance that role with a strong commitment to adhere to community standards and to ensure that the messages placed on our network and communication systems are not offensive towards any business, group or individual.
4.9. Displayed content; outages and interruptions
CMAEG does not guarantee that your Content will be presented on any Screens.
a) Outages - Screens are subject to various outages which may restrict our ability to display, edit, or remove Content. You acknowledge that during an outage, the ability to edit, delete, or otherwise change any Content that is already in a Screen's view port may be delayed for an undefined period of time, and you agree that the unmodified Content may continue to be displayed on the Screen until the outage is resolved. The Platform shall have no financial liability for technology failure or outages for the period of in-operability.
b) Partial Display Failures
Screens are subject to various software, hardware, and environmental conditions which may cause Content to be only partially displayed or partially visible on the Screen (a "Partial Display Failure").
5. WARRANTIES, DISCLAIMERS, AND LIABILITY
5.1 General Disclaimers
CMAEG has no fiduciary duty to you. You alone are responsible for your use of the Platform and the consequences thereof. CMAEG PROVIDES THE PLATFORM "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CMAEG HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, CMAEG AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY INFORMATION OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOU USE THE PLATFORM SOLELY AT YOUR OWN RISK.
You agree to indemnify, defend and hold harmless CMAEG, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any third-party claim related to (a) your use of or inability to use the Platform; (b) your Content or External Content; (c) your violation of these Terms or your violation of any rights of a third party; (d) your violation of any applicable laws, rules or regulations; or (e) the unauthorized or unlawful use of the Platform by any person using your account. CMAEG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CMAEG in asserting any available defenses.
5.3 Limitation of Liability
IN NO EVENT WHATSOEVER SHALL ANY OF CMAEG, ITíS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE "CMAEG PARTIES") BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM OR ANY INABILITY TO USE THE PLATFORM (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE CMAEG PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
If, notwithstanding the other provisions of these Terms, the CMAEG Parties should have any liability to you or any third party for any loss, harm or damage, you and CMAEG agree that such liability shall under no circumstances exceed $50.00. The terms and conditions of these Terms that limit liability reflect an agreed allocation of risk between you and CMAEG. Some jurisdictions may not allow the exclusion or limitation of certain damages, or limits on the duration or voiding of implied warranties or conditions; as it relates to consumer purchasers and in such jurisdictions, the limits and exclusions herein may not apply to the extent provided by applicable law.
6. MISCELLANEOUS PROVISIONS
6.1 Term and Termination
These Terms will become effective upon your acceptance thereof, as indicated by your use of the Platform and will remain in effect in perpetuity unless terminated hereunder. You or we may terminate your account at any time, for any reason or no reason, without explanation, and may not provide written notice to the other party. You agree that if we terminate your access to the Platform, you will immediately stop using the Platform.
We may give any notice required or permitted to be given in writing here via email. Such notice will be effective immediately.
6.3 Entire Agreement
These Terms and any documents incorporated herein constitute the entire agreement between you and CMAEG with respect to the subject matter hereof. We reserve the right to amend the provisions of these Terms at any time.
6.4 Governing Law; Venue
CMAEG tries to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms you agree that it will be resolved exclusively in the U.S. District Court for the District of Colorado or a state court located in Douglas County, Colorado. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Colorado will govern these Terms and any claim, without regard to conflict of law provisions.
Our waiver or failure to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms shall remain enforceable.
CMAEG may assign these Terms, in whole or in part, at our sole discretion. You may not assign your rights under these Terms without our prior written permission. Any attempt to assign your rights under these Terms without our permission shall be void.
6.7 Force Majeure
CMAEG shall not be liable for any failure or unavailability of the Platform or our failure to provide the Platform as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond our control.
The headings of articles and sections contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
6.9 Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for (a) writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions and Complaints
Please direct all questions, complaints, or claims with respect to the Platform to the following:
Community Media Arts & Entertainment Group, NPO
6033 Castlegate Dr W Ste 2715
Castle Rock, CO 80108
Dated November 26, 2023