Terms and Conditions
This statement covers The Bozeman Magpie and any associated content including email and RSS. Please read this statement carefully before proceeding to access The Bozeman Magpie. Your use of The Bozeman Magpie indicates your agreement to abide by the Terms in effect.
You understand that when using The Bozeman Magpie you will be exposed to User Profile Submissions, and that The Bozeman Magpie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Bozeman Magpie with respect thereto, and agree to indemnify and hold The Bozeman Magpie, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Under no circumstances will The Bozeman Magpie be liable for any inaccuracy or defect in any User Profile Submissions. Please be aware that The Bozeman Magpie does not and cannot monitor all of the User Submissions made to the site, and therefore The Bozeman Magpie will not be responsible for the content of any Postings. However, The Bozeman Magpie does reserve the right to delete or edit any material in any Posting that is obscene, offensive or otherwise objectionable and not in keeping with the standards of the site. If The Bozeman Magpie elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. We expect our members to adhere to certain standards of behavior.
User Profile Submission
You agree not to post or otherwise make available:
- Posts that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Posts that include personal or identifying information about another person without that person’s explicit consent;
- Posts that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- Posts that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of anothers' privacy, or harmful to minors in any way;
- Posts that are false, deceptive, misleading, deceitful, misinformative, constitute “bait and switch” or impersonation of any person or entity;
- Posts that relate to products that are obscene or pornographic in nature;
- Posts that restrict or inhibit any other User from using and enjoying The Bozeman Magpie site or The Bozeman Magpie services offered to them.
The Bozeman Magpie retains the right to delete any member account without warning for first-time or continued violation of these terms or any other reason.
Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights, and trademarks are The Bozeman Magpie, its affiliates and subsidiaries or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code, and/or software.
You may post and submit certain information and content to The Bozeman Magpie Site. You agree to grant to The Bozeman Magpie a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as comments) or by email to The Bozeman Magpie by all means and in any media now known or hereafter developed. You also grant to The Bozeman Magpie the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Bozeman Magpie for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Bozeman Magpie.
The Bozeman Magpie may use the information it obtains as a result of your registration with the Site, including but not limited to your IP address, name and email address for its internal business and marketing purposes.
In order to make our Comments interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:
If a comment is made using your identity it will be deemed to have been posted by you;
- Do not post a comment posing as another. It will be removed and you will be held responsible;
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive, or pornographic material;
- Do not intentionally make false or misleading statements;
- Do not offer to sell or buy any product or service;
- Do not post material that infringes copyright;
- Do not post information that you know to be confidential or sensitive or otherwise in breach of the law;
- Keep all comments relevant and on topic to the particular posting open for comments;
- The Bozeman Magpie will not accept responsibility for information posted in the comments.
If The Bozeman Magpie receives notice that any posting is not in keeping with these Terms and Conditions or the intended use of the Comments, The Bozeman Magpie may remove that Posting and/or any other related Postings.
Please note that unless The Bozeman Magpie is notified of a Posting that is not in keeping with these Terms and Conditions then we may not remove it. Furthermore, we do not exercise any form of editorial control or censorship of Comments other than the above stated procedure.
External Link Disclaimer
The Bozeman Magpie may provide links to Third-Party Websites or resources as a convenience to you. Because The Bozeman Magpie has no control over such sites and resources, you acknowledge and agree that The Bozeman Magpie is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by The Bozeman Magpie of such Third-Party Sites. You further acknowledge and agree that The Bozeman Magpie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Responsibility of Copyright
The images and videos made available to you by means of The Bozeman Magpie are protected by the copyright and trademark laws of the United States and other countries. Before using images or videos for any purpose other than viewing on the web, you may need to obtain the authorization of the owner of the materials. It is your responsibility to obtain any authorizations to use an image, video, or text that may be required; The Bozeman Magpie cannot give you such authorization. We cannot guarantee that The Bozeman Magpie will not feature unintended or objectionable content and The Bozeman Magpie accepts no responsibility or liability for the content of any images, videos, or text included on The Bozeman Magpie, or for your use of such content.
Copyright Infringement Notices
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our site has designated an agent to receive notices of claims of copyright infringement: Blake Maxwell, The Bozeman Magpie P.O. Box 732, Bozeman, MT 59771
Limitation of Liability
In no event shall The Bozeman Magpie be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the Site, even if The Bozeman Magpie has been advised of the possibility of such damages, notwithstanding anything to the contrary contained herein.
If there is any dispute about or involving the Site or Service, you agree that the dispute shall be governed by the laws of the State of Montana, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Montana.
You agree to indemnify and hold The Bozeman Magpie, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the Site or from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the Site or through the Site causes The Bozeman Magpie to be liable to another.
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as The Bozeman Magpie is not intended for children under 13.
Use of Content
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 License.
If you have any questions or notices of violations to these Terms and Conditions, please contact the editor of The Bozeman Magpie by sending an email from the contact page.