Thank for visiting the www.nationalwesterncenter.com website (the “Site”). This Site is owned and operated by the National Western Center Authority, a Colorado nonprofit corporation. In this Terms of Use agreement, we refer to the National Western Center Authority as the “National Western Center,” “we,” “us,” or “our.” We hope you enjoy using the Site. Because we want to provide you with a good experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of the Site. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at cultivate@nationalwesterncenter.com. In addition to the lower case words “we” “us” and “our” defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.
Agreement. This Terms of Use agreement (the “Agreement“) specifies the Terms and Conditions for access to and use of www.nationalwesterncenter.com (the “Site“) and describe the terms and conditions applicable to your access of and use of the Site. By using this Site, you agree to accept these terms and conditions, so be sure to read them carefully. If you don’t agree with them, please do not use the Site. We may modify this Agreement at any time by posting updates to this Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.nationalwesterncenter.com/terms.
Privacy. In the course of using the Site, you may provide or we may collect information about you. We are committed to protecting the privacy of our customers’ information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy at www.nationalwesterncenter.com/privacy and our Cookie Policy at www.nationalwesterncenter.com/cookies which are incorporated into this Agreement.
Ownership. Except as otherwise provided in this Agreement, the information displayed on the Site are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Site is the exclusive property of the National Western Center and may not be used for any purpose other than browsing and using the services and information provided for your own private use. All content included on this site is and shall continue to be the property of the National Western Center or our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. PLEASE BE ADVISED THAT TO THE EXTENT THAT WE PROVIDE ANY CONTENT FROM THIRD PARTIES ON THE SITE, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WE CANNOT AND DO NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED.
Trademarks. NATIONAL WESTERN CENTER, NATIONAL WESTERN STOCK SHOW®, COLORADO STATE UNIVERSITY, CSU SPUR and others (and the designs and logos associated with these marks) are either trademarks or registered trademarks of the National Western Center and/or its partners and suppliers. Other product and company names mentioned on this Site may be trademarks of their respective owners. These trademarks and service marks may not be used by any party other than the Company and our affiliated companies without express written consent. Also, to the extent that we include certain trademarks owned by other parties on our Site, these trademarks are property of their respective owners. You agree not to copy, reproduce, or modify any portion of the Site. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which the National Western Center owns or has the right to use.
Links to other sites. Be aware that sometimes we provide access from our Site to other websites that are not under our control. We don’t endorse or approve any products or information offered at sites you reach through our Site. These links may include the use of so-called “share links” or similar feature. A “share link” feature is a button and/or text link appearing on our Site that enables the launch of a sharing mechanism whereby you can post links to, and content from, the Site onto social networking websites such as Facebook. Please be aware that the terms of use of such other websites govern your use of those sites, including your use of share links or other posting of our content on those websites. As a result, you are fully responsible for your own use of such websites including your use of share links to link our Site and/or post its content
Content Submitted to Us. We welcome any comments you may have regarding the Site. Except for content submitted by you through User Generated Content (discussed in more detail below), any comments you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this Agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential or have any obligation to pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright. The National Western Center takes no responsibility and assumes no liability for any submissions you make.
User Generated Content. “User Generated Content” (or “UGC” for short) means any and all information that a user submits to the Site to the extent functionality permits UGC on the Site. The UGC is governed by these terms and conditions and also by this section. Please read this section carefully as some of its language is necessarily dense and legalistic. We will try to explain these portions in plain English as best we can. a. Access. UGC is accessible by the public. IT IS IMPORTANT TO REMEMBER THAT UGC AND OTHER MATERIALS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.b. Content Ownership. As between you and the National Western Center, you are and will remain the owner of the UGC, and you represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to the UGC you submit or post to the Site and such UGC is truthful and accurate and shall not breach, infringe, contravene, detrimentally affect any other party’s rights whatsoever, including intellectual property rights and that no other party has any rights to it including so-called “moral rights.” In other words, you promise that no other company or person will claim that you stole or are inappropriately using the UGC.c. Our Right to Use the Content. Although you retain ownership of the UGC (as explained above) by submitting, posting or displaying UGC you are automatically granting, and hereby do grant to the National Western Center, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate), license and sublicense to third parties such UGC in all forms and media (the “License“). We will do our best to make sure any company or person that we might give the UGC to follows the same rules and procedures we do.d. Right to Monitor and Editorial Control. You acknowledge and agree that the National Western Center does not and cannot review all Content submitted or posted to the Site and that you and/or others who post UGC are responsible for such content. Notwithstanding the foregoing, the National Western Center reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement, the National Western Center’s policies or applicable law.
e. Content not Confidential. You agree that any UGC you submit or post onto the Site shall not be treated as confidential and the National Western Center shall have no obligation or duty to keep such UGC confidential.
Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law. If you believe that materials we host on or through the Site infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. The National Western Center maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices for the Site should be sent to:The National Western Center
Attention: Legal
4701 Marion Street, Suite 401
Denver, CO 80216
Site Use. The National Western Center grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of the National Western Center and the National Western Center may terminate your use of the Site at any time.
Intended Audience. The Site is intended for adults only. The Site is not intended for any children under the age of 13.
Prohibited Conduct.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes.
You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You further agree not to (i) upload, transmit or distribute to or through the Site any software intended to damage or alter a computer system or data, (ii) send through the Site unsolicited or unauthorized adverting, promotional materials, junk mail, spam , chain letters, pyramid schemes., or any other form of duplicative or unsolicited messages, (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent, (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks, (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means, (vi) harass or interfere with any other user’s use and enjoyment of the Site, (vii) use software or automated agents or scripts to produce multiple accounts on the Site or to generate automated searches, requests or queries to the Site, or (viii) impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or the National Western Center.
You alone are responsible for the content and consequences of any of your activities. You are solely responsible and liable for the UGC you submit or post.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Indemnification. You agree to indemnify, defend and hold the National Western Center and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Use of Information. The National Western Center reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Applicable Law. You agree that the laws of the state of Colorado without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and the National Western Center or its affiliates.
Venue. Each party hereby submits to the jurisdiction and venue of state or federal courts in Colorado.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of the National Western Center to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the National Western Center must be in writing and signed by an authorized representative of the National Western Center.
Termination. The National Western Center may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement. This Agreement constitutes the entire agreement between you and the National Western Center with respect to your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the National Western Center with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. The National Western Center may revise this Agreement at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review this Agreement periodically to determine if any changes have been made. Your continued use of Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Agreement.
Contact Information.
The National Western Center
4701 Marion Street, Suite 401
Denver, CO 80216
cultivate@nationalwesterncenter.com
720-707-0670
Effective Date: February 2, 2021
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