Terms of Service

Posted and last updated:  July 7, 2003

Welcome to stickypod.com! We have developed these Terms of Service to govern your use of stickypod.com. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy, Payments, Shipping and Return Policy. Please read all of these documents carefully. If you do not agree with any of these terms, please exit stickypod.com. Stickypod.com reserves the right to terminate membership and deny access to the site to any person who violates this Terms of Service.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with stickypod.com, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "content"), as well as its selection and arrangement, is owned by Heibel Enterprises, Inc., and its affiliated companies, licensors and suppliers. You may use the content online only, and solely for your personal, non-commercial use, and 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. If you operate a Web site and wish to link to stickypod.com, you may do so provided you agree to cease such link upon request from stickypod.com. No other use is permitted without prior written permission of stickypod.com. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms of Service.

Requests to use content for any purpose other than as permitted in these Terms of Service should be directed to us. In certain cases, you may be able to obtain a license to use individual stories that appear on stickypod.com through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the content you may license or you will see a link in the content itself. If you do not see such authorization or link, you should assume no third party has the right to allow you to use the content.

Copyright Complaints. stickypod.com respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on stickypod.com, please contact us at the address listed below under the heading "Contact Us."

Membership and Registration. If you become a Member of stickypod.com, you accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. We reserve the right to terminate your Membership if individuals from more than one household access stickypod.com using any single user name or password. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access stickypod.com using your name in whole or in part without our permission. If you believe someone has accessed stickypod.com using your user name and password without your authorization, e-mail us immediately at the address listed below.

User-Provided Information and content. By providing information to, communicating with, and/or placing material on, stickypod.com, including for example communication during registration, communication on any stickypod.com bulletin board, message or chat area, posting any videos or other content, placing any classified advertisement, entering any contests, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of stickypod.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).

For all such information and material, you grant Heibel Enterprises, its affiliates and related entities, including stickypod.com and its affiliated newspaper, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Heibel Enterprises to share the information across all stickypod.com affiliated Web sites, to include the information in a searchable format accessible by users of stickypod.com, Heibel Enterprises Web sites, search engines and to use your name and any other information in connection with its use of the material you provide. You also grant Heibel Enterprises and stickypod.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note stickypod.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to stickypod.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against stickypod.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Transactions and e-commerce on our site.

During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a video or picture, a subscription, a print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. stickypod.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree stickypod.com is not responsible for such errors or discrepancies.

Other Specifics About Interactive Areas (Message Boards, Chat Areas, Photo and Video Galleries or other interactive areas). Stickypod.com bulletin boards, photo or video galleries, and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of stickypod.com and the volume of messages and postings, stickypod.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. stickypod.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Posting Rules. Interactive areas, discussion boards, video gallery or other interactive areas, are intended to encourage public discussion. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of stickypod.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by stickypod.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using stickypod.com, please do not post material that:

• contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.

• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.

• violates any right of stickypod.com or any third party.

• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.

• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.

• unfairly interferes with any third party's uninterrupted use of stickypod.com.

• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.

• uploads copyrighted or other proprietary material of any kind on stickypod.com without the express permission of the owner of that material.

• uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service.

• uploads or transmits viruses or other harmful, disruptive or destructive files.

• disrupts, interferes with, or otherwise harms or violates the security of stickypod.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through stickypod.com or affiliated or linked sites.

• "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Communications with Third Parties Through stickypod.com. Your dealings or communications through stickypod.com with any party other than stickypod.com are solely between you and that third party. For example, certain areas of stickypod.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will stickypod.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

During your visit to stickypod.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. stickypod.com is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

General Disclaimer and Limitation of Liability: While stickypod.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. stickypod.com does not represent or warrant that use of any content will not infringe rights of third parties. stickypod.com has no responsibility for actions of third parties or for content provided or posted by others.

Use of stickypod.com is at your own risk. All content is provided "as is" and "as available." Neither Heibel Enterprises, stickypod.com, nor any of their affiliated or related companies, nor any of the employees, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding stickypod.com, the content, any advertising material, information, products or services available on or through stickypod.com, and/or the results that may be obtained from use of stickypod.com or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties stickypod.com will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. Stickypod.com and its affiliates are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property.

Stickypod.com contains facts, views, opinions, statements and recommendations of third party individuals and organizations. Stickypod.com does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the stickypod.com. Any reliance upon any such opinion, advice, statement or information is at your sole risk.

In no event shall stickypod.com or its affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. In no event shall stickypod.com or its affiliates, employees, agents, content providers or licensors be liable for any amount for direct damages in excess of $100.

Indemnity. You agree to indemnify, defend and hold harmless, stickypod.com and Heibel Enterprises, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation
Regarding: (1) your use of stickypod.com; (2) stickypod.com's use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your membership account, even if not posted by you; and, (4) any violation of this agreement by you.

International Users. stickypod.com is controlled, operated and administered by stickypod.com from its offices within the United States. stickypod.com makes no representation that materials or content available through stickypod.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use stickypod.com or export the content in violation of U.S. export laws and regulations. If you access stickypod.com from a location outside the United States, you are responsible for compliance with all applicable laws.

Miscellaneous: stickypod.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of stickypod.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

Stickypod.com may modify, suspend, discontinue or restrict the use of any portion of stickypod.com, including the availability of any portion of the content at any time, without notice or liability. stickypod.com may deny access to any person or user at any time for any reason. In addition, Heibel Enterprises or stickypod.com may at any time transfer rights and obligations under this Agreement to any subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Heibel Enterprises, stickypod.com or any of their assets.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to stickypod.com must be filed in a federal or state court located in Englewood, Colorado, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of stickypod.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of content, the license(s) you have granted to stickypod.com, and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

Contact Us. To contact stickypod.com, please use the following:

stickypod.com
4870 S. Delaware St.
Englewood, Co 80110
Phone: (303) 910-8080
Email: