Two Fish Marketing, Inc.- Terms of Service

Following are the Terms & Conditions for use of AccessDurango.com. At the bottom of the page are the Terms & Conditions specific to any contests that we may offer.

THE BASICS (The short version of the terms, without the legalese!) Updated 2/7/08
1. Two Fish Marketing, Inc. owns all of the information on this site and you can't reuse any of our information without our permission. If you think we're violating a copyright that you own, contact us immediately.

2. You are responsible for your own account on AccessDurango.com. We can terminate it if we want.

3. If you post something on this site, you agree that you hold all of the rights to be able to use it, and that it is accurate information. Whatever you post on here, we have the right to use.

5. We retain the right to modify this site and your account at any time.

6. We aren't responsible for the content in any outside links.

7. You use this site at your own risk and hold Two Fish Marketing, Inc. harmless from any problems you might have.

8. By registering either online, over the phone, or via regular mail, you authorize Two Fish Marketing, Inc. to send you email newsletters/updates.

THE DETAILS (The detailed version of the terms, with more legalese than you can shake a stick at!)

Your use of AccessDurango.com (a project of Two Fish Marketing, Inc.) tells us you have read and agreed to these Terms of Service (TOS). Please read them carefully, as this page is a binding contract regarding your use of AccessDurango.com. If you do not agree with any of these terms, please refrain from using this site. Two Fish Marketing, Inc. reserves the right to change the TOS at any time in its discretion and to notify users of any such changes solely by changing the TOS. Your continued use of any portion of AccessDurango.com after the posting of any amended TOS shall constitute your agreement to be bound by any such changes. You understand and agree that AccessDurango.com is provided "AS-IS" and that the owners and operators of AccessDurango.com assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

Copyright and Copyright Complaints

All information, content, services and software displayed on, transmitted through, or used in connection with AccessDurango.com (the “Site”), 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 Two Fish Marketing, Inc. (“TFMI”), or in case of certain logos and trademarks (but NOT advertisements, text, photographs or images) our customers and their affiliates. 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 AccessDurango.com, you may do so provided you agree to cease such link upon request from Two Fish Marketing, Inc. No other use is permitted. You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in, or use the Content to construct any database, compilation or archive. You may not modify, sell, publish, transmit, display or otherwise use in any public or commercial manner any portion of the Content. You may not frame or utilize framing techniques that involve any Content or portion of the Site or suggest any relationship between our Site and you without our express written consent. You may not scrape our Content or Site. You agree not to: decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, or insert any code or product or manipulate the Content or Site in any way that affects the user's experience, or use any data mining, data gathering, or data mining extraction method with respect to the Content or Site, or use any cancelbots or Trojan horse in connection with your use of the Site.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide written notice of all necessary information relating to the alleged infringement to Two Fish Marketing, Inc. PO Box 1001 Durango, CO 81302.

Membership and Registration
Upon registration at AccessDurango.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. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Site using your name in whole or in part. Two Fish Marketing, Inc. reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Service. All members agree, by their registration either online, by telephone, or via regular mail, to receive regular email newsletters/updates.

User-Provided Information and Content
By providing information to us and/or placing material on this site, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms; and, (3) the content will not cause injury to any person or entity or violate applicable Federal and state laws and regulations.

For all such information and material, you grant us and our affiliates and related entities, a royalty-free, perpetual, irrevocable, exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such material, 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 us to share the information across any or all of our affiliated websites, to include the information in a searchable format accessible by users of this site and other websites of ours and our Affiliates, and to use your name and any other information in connection with our use of the material you provide. You also grant us and our Affiliates 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. All rights in this paragraph are granted without the need for additional compensation of any sort to you.Using a name other than your own legal name is prohibited.

Placing an Ad
Before placing an ad or using any of the products or services offered on our site, please read the General Disclaimer and Limitation of Liability section in these Terms of Service. In addition to these Terms of Service, the following apply to all ads placed with on AccessDurango.com via TFMI:

• Definitions: A private party/owner is an individual selling his/her personal item(s), or buying an item for personal use. Ads for businesses, commercial ventures or any reason other than personal use must be placed as Business ads. A business/agent is an entity engaged in a commercial or business activity. We reserve the right to delete any ad which does not otherwise comply with our policies and these Terms. We reserve the right to delete any private party ad we consider to be commercial in nature.
• Publishing of Ads: All ads, whether private party or business, must be approved by TFMI prior to publication. Approval time is generally within 1-3 business days, but may take longer due to various circumstances. Business ads will not be published until payment is received.
• Sales are final. No Refunds: TFMI is not responsible for errors made in submitting advertising. If there is an error in any advertisement, it is the responsibility of the customer to notify us or to otherwise modify the ad. Customers who detect other errors in any advertisement or content should contact AccessDurango.com immediately via email. For material errors caused by TFMI, users will receive a credit toward the purchase of future advertising equal to the value of the advertisement for the time during which the material error existed. All such credit is applied to future advertising only – NO REFUNDS.

Modifications
TFMI reserves the right at any time and from time to time to modify, restrict, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or liability. You hereby agree that the Site shall not be liable to you or to any third party for any modification, restriction, suspension or discontinuance of the Site (nor any part thereof). In addition, the Site may at any time transfer rights or obligations hereunder to any affiliate or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Site or any of its assets.

Termination
You agree that TFMI, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if the Site believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of the TOS. You hereby agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and hereby acknowledge and agree that the Site may immediately deactivate or delete your account and all related information and/or bar any further access to the Site. Further, you hereby agree that the owners and operators of the Site shall not be liable to you or any third-party for any termination of your access to the Site.

Links
AccessDurango.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Site has no control over such sites and resources, you hereby acknowledge and agree that the Site is not responsible or liable for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Trademark Information
The domain name of the Site AccessDurango.com, the related name of Two Fish Marketing, Inc., logos, and product and service names (collectively, the "Marks") are tradenames, trademarks and/or intellectual property of the Two Fish Marketing, Inc. and/or its subsidiaries. Without prior permission of Two Fish Marketing, Inc., you agree not to display or use in any manner, the Marks.

Communications with Third Parties
During your visit to AccessDurango.com, you may elect to engage in a transaction involving the purchase of a product such as a print or online advertisement or other tangible goods and services. Your correspondence or business dealings with, or participation in promotions of, third party advertisers (both private party and commercial) found on or through AccessDurango.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Under no circumstances will TFMI be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. All users are cautioned to verify the actual identities of persons with whom they correspond. Please review carefully that third party's policies and practices and make sure you are in agreement 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.

General Disclaimer and Limitation of Liability
USE OF ACCESSDURANGO.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THE EMPLOYEES OR AGENTS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED. WE DO NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. WE AND OUR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR WORM THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

ACCESSDURANGO.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THIS SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH ACCESSDURANGO.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL TWO FISH MARKETING, INC. 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 TWO FISH MARKETING, INC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR ANY DAMAGES IN EXCESS OF $100.

Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TWO FISH MARKETING, INC. , 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 ACCESSDURANGO.COM; (2) ACCESSDURANGO.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.

Miscellaneous
This TOS constitutes the entire agreement between you and TFMI and govern your use of the Site, superceding any prior agreements, terms or understandings between you and the Site, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

TFMI reserves the right to change these TOS at any time in its discretion and to notify users of any such changes solely by changing this TOS. Your continued use of AccessDurango.com after the posting of any amended TOS shall constitute your agreement to be bound by any such changes.

These Terms will be governed by the laws of the State of Colorado applicable to contracts entered into and performed wholly within the State of Colorado (without regard to conflicts rules). You hereby agree that any claim you may have with respect to this site must be filed in a federal or state court located in 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 irrevocably waive any right to a jury trial and agree to the jurisdiction and venue of these courts with respect to all matters arising with respect to these Terms. You consent to service of process by mail. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Any failure by TFMI to enforce or exercise any provision of these Terms or related right(s) shall not constitute a waiver of that right or provision.

Two Fish Marketing, Inc.
Contest Terms/Conditions and User Agreement : Updated 11/14/2007

$250 Cash Drawing: A random name will be chosen from all users who are registered prior to December 14, 2007. The winner will be notified by email and must respond back with required information by December 21, 2007. If winner fails to respond by this time, a alternate winner will be chosen. Prize will be awarded within 30 days after receiving winner’s information.

Notes: Two Fish Marketing, Inc. (TFMI) makes no representations or warranties, implicit or explicit, as to your legal right to participate in any contest offered at AccessDurango.com (the Site). You are subject to all laws of the state, province, and/or country in which you reside and from which you access the site and are solely responsible for obeying those laws. You agree that TFMI cannot be held liable, if laws applicable to you restrict or prohibit your participation. Participants must be at least 18 years of age and reside in Colorado or New Mexico. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Taxes: You are solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state of residence and complying with any with- holding tax obligations imposed by applicable law. If your total winnings in any given year reach $600, we will request you to submit your social security number in order to send you a Form 1099, as required by U.S. Internal Revenue Service regulations.

Full Assumption of Risk of Loss and Indemnification: You agree to hold Two Fish Marketing, Inc., its employees, officers, directors, programmers, licensees, affiliates, subsidiaries, advertising, promotion, or other agencies, and agents completely harmless and fully indemnify them from any and all costs, expenses, liabilities, and all damages whatsoever that may arise as a result of participants (1) entry or use of the website, (2) use of any materials at the website, (3) acceptance of any prizes.

NOT ELIGIBLE FOR ANY PRIZES : Two Fish Marketing, Inc., its employees, interns, officers, directors, programmers, licensees, affiliates, subsidiaries, advertising, promotion, or other agencies, and agents.

Odds / Prizes / Payouts : As the outcome of the contest offered on the Site are directly related to the number of; and/or skill levels of the participants; we cannot access an individual's odds of winning. Payouts : Cash prizes are paid via a check drawn on the account of Two Fish Marketing, Inc. and will be paid within 30 days of contest end.

Disclaimers Relating to the Internet: We do not and cannot control the flow of data via the Internet, nor your hardware equipment to access the Site. Such flow depends in large part on the performance of internet services provided, hardware equipment, and/or aspects controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt your connection to the Internet, hardware access, and the performance of the Site. While we make reasonable attempts to ensure the integrity and security of the Site, given the nature of the Internet, we can make no guarantees regarding the same. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE (Though reasonable measures are fully structured and in place).

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect. Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.