Introduction
These Terms of Use govern your use of the [www.btinnovation.com] website (the “Website”), operated by Arc Boulder Management, LLC d/b/a Boomtown (“Boomtown” “us” “we” and “our”). By accessing the Website, submitting a contact form or other information through the Website, or otherwise communicating with Boomtown concerning the Website, you (“you”) agree that these Terms of Use form a binding agreement between you and Boomtown.
1. Modifications
Boomtown may revise and update these Terms of Use at any time. Your continued use of the Website after any changes to these Terms of Use will mean you accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Boomtown.
2. User Eligibility
The Website is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.
3. Information, News, and Press Releases
The Website contains information, blogs, and/or press releases about Boomtown, its services, partners, affiliates, and other news or events. While this information was believed to be accurate as of the date it was prepared, Boomtown disclaims any representation or warranty as to the reliability, accuracy, completeness or timeliness of and any duty or obligation to update this information, news, or any press releases.
4. Communications with Boomtown
We may contact you by email, telephone, text message or otherwise, in order to send you Website, service-related, and other communications or notices. If you do not want to receive these communications from us, you may opt-out by following the opt-out and/or unsubscribe instructions in the message (if included), or by requesting to be opted-out of further communication by emailing: optout@btinnovation.com. Please note that opting out may prevent you from receiving communications regarding opportunities, updates, or other offers provided by Boomtown.
5. User Content
Like many websites, the Website contains interactive features and areas that allow users to post, transmit, or store text or other materials, such as requests for services and contact requests (collectively, “User Content”).
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Boomtown. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the rights of others (such as intellectual property rights) or any applicable regulations. Boomtown is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit any User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Website and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever.
You hereby represent and warrant that your User Content conforms to these Terms of Use, that it does not violate any applicable laws, and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms of Use; and you agree to indemnify and hold us harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and license of your User Content resulting from your breach of these Terms of Use. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
6. No Warranties
THE WEBSITE AND ANY INFORMATION OR CONTENT ACCESSED THEREBY, IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BOOMTOWN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, SUITABILITY OR RELIABILITY OF THE WEBSITE OR NY INFORMATION THEREIN. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND ANY INFORMATION AVAILABLE THEREIN IS AT YOUR SOLE RISK. BOOMTOWN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
7. Limitation of Liability
BOOMTOWN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF BOOMTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, BOOMTOWN’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS WILL AT ALL TIMES BE LIMITED TO $500 OR OTHERWISE THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW.
8. Indemnification
You agree to indemnify, defend, and hold Boomtown, and its directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use; (b) any allegation that any User Content, including any products derived from or making use of any User Content, or other materials you submit to us infringe or otherwise violate applicable laws, including copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Website.
9. Trademarks
The Boomtown name and logo, and all other trademarks, service marks, and trade names appearing on this Website (collectively, “Marks”) are owned by Boomtown or other third parties. Unauthorized use of any Marks may be a violation of federal and state trademark laws.
10. License and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) including, without limitation, text, video, graphics, logos, button icons, images, digital downloads, data compilations, and software, the compilation of all Content on this Website, and all software used on this Website are the property of Boomtown or its Content suppliers and protected by United States and international copyright laws. Nothing in this Agreement or on the Website grants you any right or license to make any use of any materials or Marks on this Website, and Boomtown reserves all such rights other than as specifically described herein. Notwithstanding any copyright notices to the contrary, no copyright is claimed in the text, images, logos, or names of certain public domain or authorized third party information available through the Website.
11. Security
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any information you submit to us will be free from unauthorized third party access or use. You understand and agree that all information you submit to Boomtown is done so at your own risk.
12. Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms of Use, you agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false, defamatory, libelous or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Boomtown.
(d) You will not input or upload to the Website any information which contains malicious software or code that is intended to damage, interfere with, comprise the security of, or exploit any system, the Website or Content, or that infringes the Intellectual Property rights of another.
(e) You may not use or access the Website in any way that, in Boomtown’s judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website.
(f) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Website without the express written consent of Boomtown.
(g) You will not upload or submit any User Content that is illegal, offensive, obscene, or otherwise inappropriate.
13. Links
The Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Boomtown of the content on such Linked Sites. Boomtown makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Boomtown is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to the Linked Site’s privacy policy.
14. Termination
You agree that Boomtown, in its sole discretion, may terminate or suspend your use of the Website, at any time and for any reason or no reason in its sole discretion, even if access and use continues to be provided to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Content.
15. Compliance with Law
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Boomtown, negatively reflect on the goodwill or reputation of Boomtown and shall take no actions which would cause Boomtown to be in violation of any laws, rulings or regulations applicable to Boomtown.
16. Arbitration
Any dispute between you and Boomtown, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator appointed in accordance with said rules. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Boomtown will provide such notice by e-mail to your e-mail address on file with Boomtown and you must provide such notice by e-mail to info@btinnovation.com.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Boomtown and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Boomtown nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).
17. Governing Law
You hereby agree that these Terms of Use are governed by the laws of the State of Colorado, excluding any conflicts of laws principles.
18. Assignment; Severability
You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. Boomtown may freely assign these Terms of Use in its sole discretion. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
19. Complete Agreement
Except as expressly provided in a separate license, service or other written agreement between you and Boomtown, these Terms of Use constitute the entire agreement between you and Boomtown with respect to the use of the Website, and any information and Content contained therein, supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
20. Copyright Policy
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Boomtown by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Boomtown, or its third party service providers, to locate the material;
(d) Information reasonably sufficient to permit Boomtown, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent:
Arc Boulder Management, LLC d/b/a Boomtown
8434 Braun Loop
Arvada, CO 80005