Terms & Conditions

TERMS AND CONDITIONS (“TERMS”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.ManitouMarquee.com website (the “Service”) operated by Manitou Marquee, LLC. (“us”, “we”, “Manitou Marquee, LLC online publication” or “our publications and affiliates”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

Intellectual Property

The Service and its original content, features and functionality, are and will remain the exclusive property of Manitou Marquee, LLC and its licensors and affiliates. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Manitou Marquee, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Manitou Marquee, LLC.

Manitou Marquee, LLC, has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services or advertisements. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Manitou Marquee, LLC, 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Manitou Marquee, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Manitou Marquee LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Manitou Marquee LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

To the fullest extent permitted by law, Manitou Marquee, LLC, expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You expressly understand and agree that your use of the Manitou Marquee, LLC online publication is at your sole risk. The Manitou Marquee LLC online publication and all content, products, and services offered through the Manitou Marquee LLC online publication are provided on an “as is” and “as available” basis. Manitou Marquee, LLC is not responsible for the timeliness of delivery of content, any failures of delivery, or erroneous deletion or failure to store any of your personal settings or communications. Under no circumstances, will Manitou Marquee, LLC, its parent company, subsidiaries, affiliates, sponsors, content providers, service providers, shareholders, or licensors, nor its or their respective officers, directors, employees or agents (collectively the “Marquee parties”), be liable to you or to any person or entity claiming through you for any loss, injury, liability, damage or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of the Manitou Marquee, LLC online publication or any content, product or service provided to you through or in connection with any of our Manitou Marquee, LLC online publication. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, goodwill, revenue or profits, or loss or misuse of payment or financial account data. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis; even if an authorized representative of any Manitou Marquee, LLC party has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies. If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of the Manitou Marquee, LLC parties under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited will not exceed one hundred dollars. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply to you.

User-Submitted Content and User Conduct

Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Manitou Marquee LLC online publication, including without limitation classified ads, postings on message boards or blogs, or other content which does not originate with Manitou Marquee, LLC  (“User Content”), is the sole responsibility of the person who made such User Content available on the Digital Service. Under no circumstances will Manitou Marquee, LLC be liable in any way for any User Content made available through the Manitou Marquee, LLC online publication by you or any third party. Since Manitou Marquee, LLC does not necessarily review or control the User Content posted on the Manitou Marquee, LLC online publication, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing the Manitou Marquee, LLC online publication, you may encounter Content that you may consider to be obscene, improper, or for other reasons deemed objectionable. Manitou Marquee, LLC has no responsibility for any User Content, including without limitation any errors or omissions therein. Manitou Marquee, LLC is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Manitou Marquee, LLC online publication, whether by Manitou Marquee, LLC, individual users of the Manitou Marquee LLC online publication, or third party contractors or licensors of Manitou Marquee, LLC. If you post comments on our Manitou Marquee LLC online publication, you further agree to comply with our commenting policy: http://mantioumarquee.com/comments-faq.

Copyright and Trademark Information

This license grant is between you and Manitou Marquee, LLC and not any other third-parties. No title to or ownership of any Content or any materials within our Manitou Marquee, LLC online publication is transferred from Manitou Marquee, LLC to you by these Terms. All Content included or available on the Manitou Marquee, LLC online publication, including Digital Service’s software code, design, text, graphics, interfaces, and the selection and arrangements thereof is copyright Manitou Marquee, LLC or its subsidiaries and/or its third party licensors, with all rights reserved, and is protected by the intellectual property rights of those owners. Any use of materials on the Manitou Marquee, LLC online publication, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Manitou Marquee, LLC is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Manitou Marquee, LLC. You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link to the Manitou Marquee, LLC online publication provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Manitou Marquee, LLC. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, if you need reprints of any of Manitou Marquee, LLC articles or photos for commercial use, please contact us. You may not make any use of Content owned by any third parties which is available on our Manitou Marquee, LLC online publication, without the express consent of those third parties.

All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of the Manitou Marquee, LLC online publication will be deemed by Manitou Marquee, LLC to be an intentional infringement. All trademarks displayed on the Manitou Marquee, LLC online publication are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Manitou Marquee, LLC.

Notification of Claimed Copyright Infringement

In the event that you find Content posted on the Manitou Marquee, LLC online publication which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact Manitou Marquee, LLC as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

1. Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner.

2. A statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.

3. A detailed description of the copyrighted work or other intellectual property that you claim has been infringed.

4. If your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration.

5. A description of the infringing material and the URL where such material is located on the Digital Service, or a description of where on our Digital Service you found such material.

6. Your written statement that you believe, in good faith, that the use of the work on our Digital Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and

7. A statement that all of the information you have provided is true.

Please send your notice of alleged infringement to: Editor, Manitou Marquee LLC,
PO Box 293, Manitou Springs, CO 80829 or E-mail: editor@manitoumarquee.com.

Links to the Site and RSS Feeds

Unless otherwise prohibited under these Terms of Service, you are hereby licensed to create hyperlinks to the content on the Sites, provided that the hyperlink accurately describes the content as it appears on the Site. You are further granted a right to implement the RSS feeds offered by our Sites, solely in the manner described on our Site.

Under no circumstances may you “frame” the Sites or any of their Content or copy portions of the Sites to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of our Sites is accessed from a link (including RSS feeds) featured on your web site, each page within our Sites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. Manitou Marquee, LLC reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Arbitration

Any dispute arising out of or relating in any way to your use of our Manitou Marquee, LLC online publication or any products, services, or information you receive through our Manitou Marquee, LLC online publication, shall be submitted to confidential, binding arbitration in Colorado Springs, Colorado, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules, using one arbitrator. The arbitrator shall be mutually agreed upon by both parties, or if the parties cannot agree on a single arbitrator, they each will choose one arbitrator, and those two will together choose a third arbitrator, and a panel of three arbitrators will hear the matter. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Colorado Springs, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

Governing Laws

The laws of the state of Colorado and the United States govern these Terms of Service and any claims arising out of or relating to use of the Manitou Marquee, LLC online publication, without giving effect to any choice of law rules. We make no representation that our Manitou Marquee, LLC online publication are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Colorado Springs, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Manitou Marquee, LLC online publication.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Manitou Marquee, LLC online publication in any way that violates applicable state, federal, or international laws, regulations or other government requirements. By using any of our Manitou Marquee, LLC online publication, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Other Terms

If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by the Manitou Marquee, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. You agree and understand that these Terms of Service constitute the entire agreement between you and the Manitou Marquee, LLC regarding your use of the Manitou Marquee, LLC online publication, and that any and all prior agreements between you and the Manitou Marquee, LLC are superseded by these Terms of Service. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with the Manitou Marquee, LLC (including without limitation an agreement to provide content for the Manitou Marquee, LLC online publication such as through a blog or freelance author agreement). You may not amend these Terms of Service. Any failure by the Manitou Marquee, LLC to exercise its rights under these Terms of Service or to enforce the terms hereof will not constitute a waiver of those rights. If any term of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of these Terms of Service will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Manitou Marquee, LLC online publication or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at: business@manitoumarquee.com.