PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE STATE THE TERMS AND CONDITIONS UPON WHICH YOU PERMIT THE STATE OF COLORADO, BY AND THROUGH THE COLORADO TOURISM OFFICE ("CTO"), A DIVISION OF THE OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE ("OEDIT"), TO USE, FOR PURPOSES OF PROMOTING COLORADO AS A TRAVEL DESTINATION, CONTENT CREATED BY YOU.
THE TERM “YOU” OR “YOUR” MEANS THE INDIVIDUAL OR ENTITY, AS APPLICABLE, WHO PERMITS CTO TO USE CONTENT PURSUANT TO THESE TERMS OF USE.
THE TERM "CONTENT" MEANS THE IMAGES, VIDEO, AUDIO, GRAPHICS, TEXT, AND OTHER DATA GENERATED BY YOU AND PERMITTED BY YOU FOR USE BY CTO FOR PURPOSES OF PROMOTING COLORADO AS A TRAVEL DESTINATION. YOU REPRESENT AND WARRANT TO CTO THAT THE CONTENT IS YOUR OWN ORIGINAL CREATION OR YOU OTHERWISE OWN OR CONTROL ALL RIGHTS TO THE CONTENT.
YOU MUST BE LEGALLY CONSIDERED AN ADULT IN THE STATE OR COUNTRY WHERE YOU RESIDE IN ORDER TO CONSENT TO CTO'S USE OF YOUR CONTENT PURSUANT TO THESE TERMS OF USE. BY ACCEPTING THESE TERMS OF USE, YOU AGREE THAT YOU HAVE THE LEGAL RIGHT TO ENTER INTO THESE TERMS OF USE AND TO GRANT THE RIGHTS AND ACCEPT THE OBLIGATIONS STATED IN THESE TERMS OF USE. BY ACCEPTING THESE TERMS OF USE, YOU ARE ENTERING INTO AN AGREEMENT WITH THE STATE OF COLORADO.
IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND IT TO THESE TERMS OF USE.
IF YOU DO NOT WISH TO PERMIT CTO TO USE YOUR CONTENT, DO NOT ACCEPT THESE TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME BY CTO IN ITS COMPLETE DISCRETION, AND CTO MAY TERMINATE ITS WEBSITES OR ITS USE OF YOUR CONTENT AT ANY TIME AT ITS DISCRETION. CHANGES SHALL BECOME EFFECTIVE UPON POSTING ON COLORADO.COM. PLEASE CHECK COLORADO.COM REGULARLY TO VIEW THE THEN CURRENT TERMS OF USE.
A. Grant of License
1. You grant CTO, its licensors and technology, service, and platform providers, ("Licensors and Service Providers") a royalty-free, fully paid, perpetual, worldwide, irrevocable, non-sublicensable, and non-exclusive license to use Your Content for the promotion of Colorado as a travel destination.
2. You agree that CTO, its Licensors and Service Providers, may use, copy, display, publish, and broadcast Your Content for any advertising, educational, marketing, publicity, public relations, business, or editorial purpose in promoting Colorado as a travel destination. CTO, its Licensors and Service Providers, may make use of Your Content in connection with CTO's: (i) social media pages including, without limitation, Facebook, Instagram, Threads, TikTok, or YouTube, (ii) websites and webpages, (iii) sponsored events, (iv) digital newsletters, (v) digital marketing materials, or (vii) in any other digital or nondigital means of communication through any process or technology now or hereafter known or devised ("CTO Media").
3. CTO, its Licensors and Service Providers, shall have no right to edit, modify, change, or build upon Your Content or any part of Your Content, so as to create a “derivative work” under the United States Copyright Act, provided that CTO may modify Your Content for formatting, navigational, integration, or other purposes. Such modifications shall not materially distort Your Content.
4. CTO, its Licensors and Service Providers, shall make reasonable efforts to include appropriate credits in connection with their use of Your Content, but under no circumstances shall any failure to include a credit constitute a breach of these Terms of Use. Such credits may include, without limitation, Your name, username, caption, location, voice, picture, portrait, image, likeness, or other identifying information (“Name or Likeness”). You grant CTO, its Licensors and Service Providers, the right to use Your Name or Likeness in connection with their use of Your Content, and CTO shall have the right to modify such Name or Likeness for purposes of inclusion.
5. You agree that CTO, its Licensors and Service Providers, have the right, in their discretion, to decline to use Your Content or to remove Your Content from any CTO Media for any or no purpose at any time without notice. Neither CTO nor its Licensors or Service Providers shall have any obligation to make use of any rights granted by You pursuant to these Terms of Use. The use of Your Content or Your Name or Likeness by CTO, its Licensors or Service Providers, does not imply any endorsement of or affiliation with You.
6. You agree that CTO's inclusion of Your Name or Likeness in connection with Your Content in any advertisement, promotional media, or other CTO Media need not be submitted to You for any further approval for use by CTO, its Licensors and Service Providers.
7. You warrant to CTO, its Licensors and Service Providers, that You have all necessary licenses, rights, consents, releases, and permissions to use and publish Your Content and to grant the rights granted by You under these Terms of Use including, without limitation, the consent or permission of any person or entity who appears in Your Content or is required for CTO's use of Your Content.
8. Your Content: (i) shall be free and clear of any claim, right, or encumbrance that would limit or restrict the rights granted to CTO, its Licensors and Service Providers, under these Terms of Use; (ii) shall not violate any applicable laws, regulations, or rules; (iv) shall not violate the rights of any third party including, without limitation, any copyright, right of privacy or publicity, moral right, trademark and trade law, or consumer protection law; and (v) shall not infringe upon or misappropriate any intellectual property rights of any third party.
9. You agree that You will not receive any compensation or payment for the rights You grant under these Terms of Use. Neither You nor Your successors, heirs, legal representatives, and assigns will receive or solicit payment for such rights at any time.
10. You agree that Your Content will not contain any worms, viruses, or other code harmful to CTO, its Licensors or Service Providers, as determined by CTO or its Licensors or Service Providers, in their reasonable discretion.
11. You agree that Your Content shall not be libelous, defamatory, illegal, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or otherwise offensive as determined by CTO or its Licensors or Service Providers, in their discretion.
12. You agree that Your Content, Your upload of Content to CTO, Your consent to CTO's download of Content, and CTO's use of Your Content will not violate any terms or requirements applicable to Your Content through any media network or platform including, without limitation, Facebook, Instagram, Threads, TikTok, or YouTube.
13. You agree that You will sign any document as may be reasonably requested by CTO to protect, perfect, or enforce any of the rights You have granted CTO, it's Licensors and Service Providers, under these Terms of Use.
14. You agree that You will not: (i) impersonate any person or entity or misrepresent Your affiliation with any person or entity in connection with Your Content, (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Your Content, or (iii) collect or store personal data about other users of CTO Media.
B. Advertising.
You acknowledge and agree that CTO's use of Your Content may be in media that contain advertisements. If You elect to have any business dealings with any person or entity whose products or services are advertised in media that contain advertisements, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that CTO, its Licensors and Service Providers, shall have no responsibility or liability for any losses or damages that You may incur in relation to such dealings.
C. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CTO MEDIA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SUCH IMPLIED WARRANTIES, ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS, AND TERMS, EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE, OR OTHERWISE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CTO, ITS LICENSORS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THEIR USE OF YOUR CONTENT OR THE AVAILABILITY OF ANY CTO MEDIA WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CTO'S USE OF YOUR CONTENT AND THE AVAILABILITY OF ANY CTO MEDIA IS AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU SUFFER OR INCURR IN CONNECTION THEREWITH. CTO, ITS LICENSORS AND SERVICE PROVIDERS, DO NOT WARRANT, ENDORSE, GUARANTEE, OR PROVIDE ANY REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY IN RELATION TO YOUR CONTENT OR THE USE OF YOUR CONTENT IN ANY CTO MEDIA.
D. Limitation of Liability.
To the fullest extent permissible under applicable law, CTO, its Licensors and Service Providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns shall have no liability for any direct, incidental, consequential, special, indirect, punitive, or similar damages arising out of or in relation to these Terms of Use, the use of Your Content, or the availability to You of any CTO Media. This limitation of liability shall include, without limitation, no damages for harm to business, lost profits, lost savings, or lost revenues, however such damages are caused, whether based in contract, tort (including negligence), or any other theory of liability. This limitation shall apply regardless of whether You have been advised of the possibility of such injury, damages, losses, or expenses.
E. Indemnification.
You agree to indemnify and hold CTO, its Licensors and Service Providers, and the officers, agents, employees, affiliates, successors, and assigns ("Indemnified Parties") harmless from and against any and all liability, claims, actions, proceedings, demands, damages, losses, costs, awards, judgements, and expenses (including reasonable attorneys' fees and costs of settlement) arising in relation to or in connection with CTO's use of Your Content, Your violation of these Terms of Use, or Your violation of any applicable law, regulation, or rule. Your indemnification obligations under these Terms of Use extend, without limitation, to any violation by You or any claim of a violation by You made by a third-party alleging infringement or misappropriation of intellectual property rights. You hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands, and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to CTO's use of Your Content in any CTO Media. If You are a California resident, You expressly waive California Civil Code §1542 which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
F. Termination and Survival.
CTO, in its discretion, may terminate the use of Your Content or the availability of CTO Media for any or no reason without notice at any time. In the event of termination, these Terms of Use shall continue to apply with regard to Your Content and CTO's use of Your Content preceding termination.
G. Availability and Updates.
CTO and its Licensors and Service Providers may alter, suspend, or discontinue CTO's use of Your Content or the availability of any CTO Media for any or no reason at any time without notice. CTO Media may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. CTO may periodically add, change, or update the information and materials on CTO Media at any time without notice. You may need to update third-party software from time to time to use any CTO Media.
H. CTO Licensors and Service Providers.
CTO's Licensors and Service Providers shall have the right to enforce these Terms of Use against You. Every right, limitation from liability, release, indemnity, defense, immunity and/or waiver of whatsoever nature applicable to CTO under these Terms of Use shall apply to and extend to benefit of such Licensors and Service Providers including, without limitation, their officers, directors, and employees.
I. Governing Law.
You agree that all matters relating to these Terms of Use shall be interpreted in accordance with the laws applicable in the State of Colorado, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of the City and County of Denver, Colorado. These Terms of Use shall enure to the benefit of, and be binding upon, the successors, heirs, legal representatives, and assigns of each of CTO, its Licensors and Service Providers, and You, as applicable.
J. Severability and Waiver.
If any part of these Terms of Use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure by CTO or any Licensor or Service Provider to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by CTO or Licensor or Service Provider must be in writing and shall only apply to the specific instance identified in such writing. You agree that any cause of action that You may have arising out of or related to CTO's use of Your Content must be commenced by You within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
K. Entire Agreement and Assignment.
These Terms of Use constitute the entire agreement between the You and CTO relating to CTO's use of Your Content. You may not assign these Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without CTO's prior written consent.
BY REPLYING TO CTO OR OEDIT’S CONSENT REQUEST TO THE COLORADO TOURISM OFFICE TERMS OF USE WITH AN AFFIRMATIVE RESPONSE, INCLUDING USE OF CTO’s DESIGNATED HASHTAG, #YESCOLORADO, IN RESPONSE TO A REQUEST FROM CTO, YOU AGREE TO THESE TERMS OF USE. CTO'S USE OF MY CONTENT, MY UPLOAD OF CONTENT TO CTO, AND MY CONSENT TO CTO'S DOWNLOAD OF CONTENT SHALL BE SUBJECT IN ALL RESPECTS TO THESE TERMS OF USE.