Colorado Deals provides a printable coupon management, display and tracking service ("Platform") to organizations, groups and individuals ("Publishers"). In this agreement, the ColoradoDeals.com website and the Platform are collectively referred to as "Colorado Deals Services".
Through the Platform, Publishers can manage, display and track services for coupons that can be placed into a Website, Email, Mailing List, RSS feed or Offline Display Medium. Coupons are viewed, printed and redeemed by members of the public who access the Publishers printable coupons.
Colorado Deals sells the right ("Licenses") the Platform to Publishers to use. The Platform runs on software developed and hosted by Colorado Deals ("Application Provider"), its subsidiaries and third party contractors.
By using Colorado Deals Services, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SERVICE THAT ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE COLORADO DEALS SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS BELOW.
1. CHANGES TO TERMS AND CONDITIONS
Application Provider reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Colorado Deals Service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the site http://www.ColoradoDeals.com/index.php?page=termsofservice. You are responsible for reviewing any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF COLORADO DEALS SERVICE FOLLOWING APPLICATION PROVIDERS POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. RELATIONSHIP OF THE PARTIES
Your relationship to Application Provider is that of a customer. No employer-employee, agency, joint venture, franchise, sales representative or partnership relationship is created by this Agreement or your use of Colorado Deals Services. Application Provider reserves the right to change the Agreement, in its sole and absolute discretion, with or without any notice to you. You hereby acknowledge and agree that your continued use of the Colorado Deals Service following Application Providers posting of any changes to that Agreement will constitute your acceptance of such changes or modifications.
3. PUBLISHER OBLIGATIONS
3.1 You are solely responsible for the wording, customization and accuracy of your coupons and for all materials that appear in your coupons including, but not limited to: (a) the creation of coupon descriptions and logos; (b) the display of coupons on your website using methods including but not limited to the placement of HTML code into the relevant internet website(s) or other web service(s); (c) the accuracy and appropriateness of content and materials you post on coupons; (d) ensuring that the content of your posted coupons do not violate or infringe upon the rights of any third party; are not defamatory, obscene, threatening, abusive or hateful and (e) ensuring that your posted coupons are not libelous or otherwise illegal.
3.2 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Colorado Deals Service or any activities conducted on Application Providers servers. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Colorado Deals Service infrastructure. You agree not to impede or interfere with others use of the COLORADO DEALS Service. You further agree not to alter or tamper with any information or materials on or associated with the Colorado Deals Service.
3.3 You are responsible for all usage or activity on your Colorado Deals Service account, including use of the account by any organization or person authorized by you to use your user name and password, or to which or whom you have granted extra privileges with or on your Colorado Deals Service account. You are advised to maintain the confidentiality of your Colorado Deals Service password. You are responsible for ensuring that you exit from your Colorado Deals Service account at the end of each session. You are responsible for the usage of your Colorado Deals Service account on your web site or on any other web site. You bear sole responsibility to regulate the use of your Colorado Deals Service account by other users of the World Wide Web or site publishers.
4. INTELLECTUAL PROPERTY
4.1 All content uploaded to the Colorado Deals Service by you ("Publisher Information") including, without limitation, all intellectual property rights in the same, shall remain your sole and exclusive property.
4.2 All software, equipment, data, information and materials, developed or provided by Application Provider or its suppliers under this Agreement or used by Application Provider to provide the Colorado Deals Service including all intellectual property rights in the same shall remain the sole and exclusive property of Application Provider or its suppliers. In no event may you copy, reverse engineer, decompile, translate or otherwise use or duplicate the Application Provider software or Colorado Deals Service, without the express written consent of Application Provider.
4.3 By publishing Publisher Information in the Colorado Deals Service, you represent and warrant that you are the owner of all patent, copyright, mask work, trademark, service mark, and any and all other proprietary rights and interests therein. Publisher hereby grants Application Provider and its designees the right to communicate such works to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of this Agreement for the purpose of providing the Colorado Deals Service under this Agreement. Publisher also permits any User to access, display, view, store and reproduce such content. Subject to the foregoing, the owner of such content placed on the Colorado Deals Service retains any and all rights that may exist in such content.
4.4 You acknowledge and agree that Application Provider may preserve Publisher Information and may also disclose the same if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any such Publisher Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Application Provider, its Advertisers, Users and the public.
4.5 In the event that Application Provider, the bulk of its assets or one or more of its sites is acquired by another company, Publisher Information submitted via the Colorado Deals Service may be among the transferred assets.
While Application Provider appreciates your feedback on the Colorado Deals Service, you are asked to be specific and not to submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the Submission ), the Submission shall be the property of Application Provider. None of the Submission shall be subject to any obligation of confidence on Application Providers part and it shall not be liable for any use or disclosure of any Submission. Application Provider shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. You grant to Application Provider your rights to any Submissions submitted by an Advertiser or User.
6. NO WARRANTY
YOU ACKNOWLEDGE THAT YOU ARE USING THE COLORADO DEALS SERVICE AT YOUR OWN RISK. THE COLORADO DEALS SERVICE IS PROVIDED "AS IS", AND APPLICATION PROVIDER, ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE COLORADO DEALS SERVICE. APPLICATION PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE COLORADO DEALS SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE COLORADO DEALS SERVICE.
The Colorado Deals Service is a venue for Publishers to organize, complete and fulfill advertised transactions. You hereby acknowledge and agree that Application Provider is not involved in the actual transaction between a Publisher and the general public, is not the agent of, and has no authority for either for any purpose. You shall indemnify Application Provider in respect of all liability, losses, damages, costs or expenses howsoever caused, arising out of, or in connection with a breach of your obligations under this Agreement.
8. LIMITATION OF LIABILITY
APPLICATION PROVIDER, ITS OFFICERS, DIRECTORS, AGENTS, ADVISORS, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF COLORADO DEALS SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE COLORADO DEALS SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE COLORADO DEALS SERVICE, YOUR USE OF OR RELIANCE ON THE COLORADO DEALS SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE COLORADO DEALS SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Application Provider does not review coupons or Publisher Information before they are posted, and does not verify, endorse or otherwise take responsibility for the contents in, around, or associated with any coupon or Publisher Information. However, Application Provider reserves the right to remove from its servers any coupon or Publisher Information which it determines to be in violation of its rules and guidelines.
10. CONDITIONS FOR USAGE
10.1 You shall provide Application Provider with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of this Agreement. Application Provider reserves the right to refuse any application at its sole discretion.
10.2 You must be above the age of 13 to use the Service as a Publisher.
10.3 You may not select or use a name, user name or Publisher Information with the intent to impersonate another person, company or entity, nor use a name subject to the rights, including intellectual property rights of any person other than you without written authorization, nor use a user name that Application Provider, in its sole discretion, deems offensive.10.4 You acknowledge that Application Provider may establish general practices and limits concerning use of the Colorado Deals Service, including without limitation the maximum number of Users that can access the Colorado Deals Service, the maximum disk space that will be allotted on Application Providers servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Application Provider may add you to its menus of Publishers displayed on (but not limited to) its web sites. You further acknowledge that Application Provider reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10.5 You acknowledge and agree that Application Provider may, without notice, remove you from its menus of Publishers displayed to advertisers, including but not limited to its web sites if you fail to comply with any of the above usage conditions.
11. RATES AND PAYMENT
11.1 Application Provider will sell you a License to use Colorado Deals Services. Application Provider reserves the right to determine the License Fee it charges Publishers and will make reasonable effort to provide you with notice of such charges on the ColoradoDeals.com website, or by other electronic communication.
11.2 You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, including but not limited to personal income tax, social security obligations, sales tax and use tax if applicable. You also agree that Application Provider is not obligated to determine whether sales or use taxes apply on any coupon-related sales and is not responsible to collect, report, or remit any sales or use taxes arising from any such transaction.
11.3 Unless otherwise agreed in writing, you agree that before Application Provider issues a new License to you, you must pay the License Fee to the Application Provider. Application Provider will accept License Fee payments from you via PayPal, debit/credit card, or via other mechanisms as Application Provider may select from time-to-time. Such payments may be subject to terms and conditions of a third party payment processor (such as PayPal or a credit card processor). Once Application Provider receives a payment for a License Fee, Application Provider shall, within fifteen (15) business days provide access to the related Colorado Deals Service. You acknowledge that the Application Provider will only issue full or partial refunds for a License Fee at its sole discretion.
11.4 If you elect to pay for your License Fee via PayPal, or with a debit/credit card, you agree that Colorado Deals will renew your License automatically once its expiration date becomes due by charging the applicable License Fee to you through the Payment Solution Provider. If you do not want renew your License, you must terminate the License in accordance with the Terms and Conditions below before its expiration date becomes due. You are solely responsible for updating the Payment accounts e-mail address and your postal address with Application Provider via the appropriate Application Provider form.
12.1 Application Provider reserves the right to terminate you and remove the Colorado Deals Service from the Internet without notice for any reason, or for no reason. If Application Provider terminates the Agreement, it will send an email to your registered e-mail address. If your registered e-mail is not currently valid, Application Provider may terminate this Agreement without any notice.
12.2 You may terminate this Agreement, your License for any reason, or for no reason by sending an e-mail to us using the Contact Us page or any tool designed for communicating Termination requests to us, and expressly marked by Colorado Deals for such purpose. Your violation of the terms of this Agreement also counts as termination.
13.1 This Agreement shall be governed in all respects by the laws of Colorado and the parties agree to submit to the jurisdiction of the Colorado courts.
13.2 Application Provider may retain and use for its own purposes any Publisher Information. Application Provider may share aggregate (i.e., not personally identifiable) information about Publishers with advertisers, business partners, including syndication partners, sponsors, and other third parties.
13.3 This Agreement constitutes the entire agreement between you and Application Provider with respect to the subject matter hereof and there is no representations, understandings or agreements which are not fully expressed in this Agreement.