Agreement between User and Outliers Creative, LLC
dallyup.co is a news and information site where the people of Sheridan County, Wyoming, and those with an interest in our area, can come together for news, information, and discussion. Everyone at OC works hard to deliver quality, locally-relevant news to this community. This Site is comprised of various web pages operated by OC and other digital services.
Visiting our Site or sending emails or other communications (posts, comments, etc.) to OC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
OC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. This necessarily includes the right of OC to remove or edit content or to block users who access OC controlled and “Dally” branded social media sites and pages, including our pages on Facebook, Instagram, and Twitter.
If you participate in any of our Services through an account, including commenting on OC controlled and “Dally” branded social media sites and pages, you are required to do so under your own first and last name (as the name that is displayed, not your username).
Children Under Thirteen
OC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site and our Services only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Our Site and Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OC and OC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OC of the site or any association with its operators.
Certain services made available via the Site are delivered by third parties (e.g. Email alerts and social media). By using any product, service or functionality originating from the dallyup.co domain (or any sub-domains or other domains under the control or management of OC) or our Services, you hereby acknowledge and consent that OC may share such information and data with any third party with whom OC has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Site and our Services, such as text, graphics, logos, images, video, metadata, as well as the compilation thereof, and any copyrights, trademarks, service marks, trade names, and other data rights, and any software used on the Site (collectively the “Protected Content”), is the property of OC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
We work hard to deliver quality content and we want to protect it. You agree and understand that any unauthorized or prohibited use of our Protected Content or Services is a breach of this Agreement and may further be a violation of local, state, and federal laws, or subject you to civil liability and/or criminal prosecution.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or through our Services. OC content is not for resale or reuse in other non-approved forms. Your use of the Site and Services does not entitle you to make any unauthorized use of any Protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OC and the copyright owner, if applicable. You agree that you do not acquire any ownership rights in any Protected Content. We do not grant you any licenses, express or implied, to the intellectual property of OC or our licensors except as expressly authorized by these Terms and with the following specific exceptions:
You also agree not to modify, rework, or remove from context the Protected Content available through the Site and Services. The Protected Content may not be displayed, posted, framed (e.g. <iframe>), or accessed and reused on any other website, blog, or other system, service, or media, except as specifically provided and permitted within this Agreement.
Educational and scholarly works may use the Protected Content with proper attribution to the original source in a generally accepted citation format (e.g. APA or MLA).
You may not access parts of the Site or Services to which you are not permitted or specifically provided access.
Without written and authorized pre-approval from OC, you may not use the Protected Content or any OC protected material on the Site or the Services in any commercial product or service, or for any political campaign, promotion, political action committee, or other non-personal use.
Use of Communication Services
The Site may use and/or include “Communication Services” including, but not limited to: bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group, and OC may share content or posts to social media sites (including Facebook, Instagram, Twitter, or others) where interaction with content and other users may occur. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service, and that when using services of third parties where content of the Site or OC is shared and/or made available, when referring to Site or OC content, when sharing Site or OC content, or when commenting on or interacting with Site or OC content to be bound by these Terms.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; knowingly distribute or disseminate false information to mislead others or link to sites which do the same; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages, or you are under contract with OC for such advertising services; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
OC has no obligation to monitor the Communication Services. However, OC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. OC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. OC does not control or endorse the content, messages or information found in any Communication Service and, therefore, OC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized OC spokespersons, and their views do not necessarily reflect those of OC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
When using third party services (e.g. Facebook, Instagram, and Twitter), those individual sites and companies may impose additional terms and conditions for the use of their site and services. You understand, however, that these Terms, with regard to content of this Site or OC, or upon pages upon those platforms controlled by this Site or OC, are still subject to and governed by these terms and conditions.
Materials Provided to dallyup.co or Posted on Any OC Web Page or Service
OC does not claim ownership of the materials you provide to OC (including feedback and suggestions or interactions you may engage in with third party providers with regard to OC content) or post, upload, input or submit to any OC Site or Services or our associated third party services (collectively “Submission(s)”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting OC, our affiliated companies and necessary sublicensees unrestricted permission to use your Submission in connection with the operation of our/their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. OC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission(s).
Third Party Accounts
You may be able to connect your Site account to third party accounts. By connecting your Site account to your third party account(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users & Data Storage
The Service is controlled, operated and administered by OC from our offices within the State of Wyoming in the United States. OC contracts with service providers and vendors who utilize datacenters and facilities within the United States and your information and data may be stored and processed here. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws and consent to the transfer of your information outside of your country. You agree that you will not use the OC content accessed through the Site or our Services or any third parties in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Availability of Service(s) through Other Platforms and Third Party Services
If you access our Site or Services through a mobile application, third party platform, or social media provider (e.g. Facebook, Instagram, Twitter), those providers and third parties may have applicable end user license agreements or terms and conditions and those terms may apply to you in addition to the terms of this Agreement.
Contests & Promotions
Periodically OC and our advertisers and service providers, or other third parties, may conduct promotions, including contests and sweepstakes, or other activities on the Site or through our Services. Participation in these activities may allow you to win a prize. If applicable, any contests or promotions will include additional terms and conditions, or eligibility requirements, which will be clearly displayed and made available to you for review.
You agree to indemnify, defend and hold harmless OC, its officers, directors, employees, agents, successors, assigns, affiliates, subsidiaries, holding companies, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OC in asserting any available defenses.
Arbitration & Class Action Waiver
You agree and understand that by using this Site and our Services, and by therefore entering into this Agreement, that you and OC are both waiving our rights to trial by jury, except within the specific exclusions detailed within this Agreement.
Class Action Waiver
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE AND OUR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OUTLIERS CREATIVE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AND TO OUR SERVICES AT ANY TIME.
OUTLIERS CREATIVE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR OUR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OUTLIERS CREATIVE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OC reserves the right, in its sole discretion, to terminate your access to the Site and Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wyoming and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Wyoming in all disputes arising out of or relating to the use of the Site or our Services. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OC as a result of this Agreement or use of the Site or OC’s Services. OC’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Services or information provided to or gathered by OC with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and OC with respect to the Site and our Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OC with respect to the Site and the Services.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
OC reserves the right, in its sole discretion, to change the Terms under which the Site and our Services are offered. The most current version of the Terms will supersede all previous versions. OC encourages you to periodically review the Terms to stay informed of our updates.
OC welcomes your questions or comments regarding the Terms:
Outliers Creative, LLC
P.O. Box 3825
Gillette, Wyoming 82717
307-686-5121 – phone
firstname.lastname@example.org – email
Last updated October 27, 2017