TERMS AND CONDITIONS

Your use of this YourHub.com web site (this “Site”) signifies your agreement with the following terms of use (this “Agreement”). If you do not agree with any of the terms of this Agreement, you may not use this Site or access any services made available through this Site. The Los Angeles Newspaper Group LLP ("LANG") reserves the right, in its sole discretion, to modify this Agreement at any time by posting the modified Agreement to this Site. You agree to be bound by the modified Agreement through your continued use of this Site. LANG may require you to register with LANG by providing certain information to LANG as a condition of using or accessing certain features or functions of this Site or to upload any content or materials to this Site.

1. Eligibility. This Site and the services available on or through this Site are only available to entities and individuals who can enter into and become bound by legal contractual obligations under applicable law. In addition, this Site and the services available on or through this Site are only available to people 14 years of age or older. Individuals under the age of 18 will need parental consent in order to use this Site and the services available on or through this Site. If you do not qualify, you may not use this Site. 
2. The Registration Process. 
2.1 Your Information. In order to use or access certain features or functions of this Site, you are required to register with LANG. In consideration for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.
2.2 Account and Password Security. At the time you submit your registration, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential and you are responsible for all activities that occur under your account. You agree to notify LANG immediately of any actual or suspected unauthorized use of your account. LANG will not be responsible for any loss to you caused by your failure to comply with these obligations. 
3. Trademarks, Copyrights & Restrictions. 
3.1 Materials. All materials on this Site, including, but not limited to, text, files, images, graphics, illustrations, audio clips, video clips, sounds and photographs posted to this Site (the “Materials”) by LANG and its affiliates and related entities (collectively, “Affiliates”), which includes The Rocky Mountain News and The Denver Post, are protected by copyrights, and other proprietary and intellectual property rights (“Intellectual Property Rights”) that are owned by LANG or by its Affiliates. Except as expressly set forth in this Agreement, you may not use, reproduce, perform, display, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this Site or any other web site owned or operated by LANG or its Affiliates without the prior written permission of LANG or its Affiliates. You may, however, download one copy of the Materials solely for your personal, non-commercial use consistent with the purpose for which the Materials are made available by LANG, provided that all copyright and other proprietary notices contained in the Materials are left intact, and you may distribute the Materials to third parties solely for the third parties' personal, non-commercial use consistent with the purpose for which the Materials are made available by LANG, provided that you only distribute the Materials to third parties using the tools available on this Site for such purpose. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of LANG's and its Affiliates' Intellectual Property Rights. Use of the Materials or Marks on any other web site or other networked computer environment, whether by way of copying the Materials or otherwise framing the content of this Site, is prohibited without prior written permission from LANG. 
3.2 Marks. All trademarks, service marks, logos, banners, and page headers displayed on this Site are the trademarks of LANG or its Affiliates, including without limitation, The Denver Newspaper Agency, The Rocky Mountain News, and The Denver Post (collectively, the "Marks"). Except as expressly set forth in this Agreement, you may not display, link to or otherwise use the Marks displayed on this Site without the prior written permission of LANG or its Affiliates. 
4. Submissions. 
4.1 Content. You are entirely responsible for all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or other information or materials (the “Content”) that you upload, post, email, transmit, publish or otherwise make available through this Site (collectively, “Publish”). By Publishing any Content on this Site, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Content you provide and the rights to use the Content as provided in this Agreement; (b) all Content and other information you provide is true, accurate, current and complete and does not violate this Agreement; and (c) the Content will not cause injury to any person or entity. You agree not to Publish on this Site any Materials that: (i) are libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (ii) infringe or misappropriate the Intellectual Property Rights of any person or entity; (iii) are illegal in any way or which advocate illegal activity; (iv) contain advertisements or solicitations to purchase or sell goods or services or to make donations of any kind, including, but not limited to, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation; or (v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines or code that may damage, detrimentally interfere with, intercept or expropriate this Site or any data or personal information maintained on this Site.
4.2 License. The copyrights in the Content contributed by users of this Site are held by the individual creators of that Content. For all Content you Publish on this Site, you grant LANG and its Affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Content. The foregoing license includes, but is not limited to, LANG's and its Affiliates' use of the Content in LANG's and its Affiliates' educational, advertising, promotional and informational print and online publications and other media projects. You hereby waive any right to inspect or approve any versions of the Content or other use of the Content by LANG and its Affiliates and any right to compensation for LANG's or its Affiliates' use of the Content. 
4.3 No Pre-Screening or Editing. This Site offers weblogs, photo galleries, chat rooms, bulletin boards, forums for registered users to sell items through classified advertisements and LANG's “buy and sell” services, and other interactive areas where users can express opinions, share ideas and information. LANG cannot and does not monitor all of the Content Published on this Site. LANG does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the Content made available through this Site by users of this Site. By using this Site, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using this Site, you agree to accept such risks and you agree that LANG is not responsible for the acts or omissions of users on this Site. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on this Site and any of its Content. You also agree that under no circumstances will LANG or its Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Site. You acknowledge that LANG does not pre-screen or pre-approve Content on this Site, but that LANG has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason. 
5. Classified Advertisements and “Buy and Sell” Services.
5.1 Fees and Services. Bidding on or purchasing items made available by registered users through this Site is free. LANG may, however, charge you fees for listing items for sale through this Site. When you list an item you have an opportunity to review and accept the fees that you will be charged. These fees and any credits on those fees are subject to LANG's then current fee schedule and credit policies which may be changed from time to time. The fee schedule and credit policies are incorporated into this Agreement by reference. Changes to the fee schedule and credit policies are effective 7 days after LANG posts the changes on this Site. LANG may choose to temporarily change its fee schedule and credit policies and the fees for LANG's services for promotional events (for example, free listing days) and such changes are effective when LANG posts the temporary promotional event on this Site. LANG may in its sole discretion change some or all of the services offered through this Site, including the classified advertisements or “buy and sell” services at any time. If LANG introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using this Site and the services offered through this Site as well as all sales, use, and other taxes, fees, surcharges, levies, duties and similar charges (collectively, “Taxes”) applicable to such use and services. In addition, all Taxes due as a result of the sale or purchase of items through this Site (whether sales tax, use tax or otherwise) are the responsibility of the buyer and seller in the applicable transaction, and such parties will comply with all Laws (as defined below) relating to the payment of such Taxes. LANG is providing you with the capability to use the services on this Site and you are responsible for providing all equipment necessary to establish a connection and access to the World Wide Web and any telephone or other connection and service fees associated with such access.
5.2 This Site is a Venue. LANG is not an auctioneer and is not acting as an auctioneer through this Site. This Site acts as a venue to allow anyone, subject to this Agreement and LANG's applicable policies, guidelines and rules, to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format, a negotiated price and an auction-style format. LANG is not involved in the actual transaction between buyers and sellers. As a result, LANG has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. LANG cannot ensure that a buyer or seller will actually complete a transaction. LANG does not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement will modify the governing provisions of Colo. Rev. Stat. § 4-2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
5.3 Identity Verification. LANG may use a variety of techniques to verify the accuracy of the information registered users provide to LANG when they register on this Site. Because user verification on the Internet is difficult, LANG cannot and does not confirm each user's purported identity. LANG encourages you to communicate directly with potential trading partners through the tools available on this Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
5.4 Bidding and Buying. As a buyer, you are obligated to complete the transaction with the seller: (a) if you purchase an item through one of the fixed price formats; or (b) if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller and the transaction is not prohibited by law or by this Agreement. Please note this is an "Overtime Auction" format. This means that if a new bid is placed within 5 minutes of the scheduled end of the auction, the end of the auction is extended 5 minutes from the time of the last bid. An auction will not end until there has been at least 5 minutes of inactivity. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Colo. Rev. Stat. § 4-2-401(2). Bids are not retractable except in exceptional circumstances, such as: (i) when the seller materially changes the item's description after you bid; (ii) a clear typographical error is made; (iii) you cannot authenticate the seller's identity; or (iv) when the seller does not confirm your purchase. If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.
5.5 Listing and Selling. 
(a) Listing Description. You must be legally able to sell the item(s) you list for sale on this Site. You must describe your item and all terms of sale on the listing page of this Site, however your terms of sale may not conflict with this Agreement and any conflicting terms will be null and void. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. LANG reserves the right to remove a listing at any time for any reason whatsoever, in its sole discretion. Upon such removal, the auction or sale under that listing will be terminated and no auction or sale will be consummated regardless of whether or not any minimum or reserve price has been met.
(b) Binding Bids. Unless you state otherwise in your listing, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (i) the buyer fails to meet the terms of your listing (such as payment method); or (ii) you cannot authenticate the buyer's identity.
(c) Fraud. Without limiting any of LANG's other rights or remedies, LANG may suspend or terminate your account if LANG suspects (by evidence of conviction or settlement, from an insurance or escrow investigation, or otherwise) you have engaged in fraudulent activity or in the sale of counterfeit items through this Site.
(d) Manipulation. You may not manipulate the listed price of any item nor may you interfere with other user's listings or transactions. Without limiting any of LANG's other rights or remedies, LANG may, in its sole discretion, determine that you have engaged in such manipulation and may terminate your right to use this Site.
6. Access and Interference. You agree that you will not: (a) use any robot, spider, scraper or other automated means to access this Site for any purpose without LANG's express written permission; (b) take any action that imposes or may impose, in LANG's sole discretion, an unreasonable or disproportionately large burden on LANG's electronic infrastructure; (c) interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site; or (d) bypass other measures LANG may use to prevent or restrict access to this Site.
7. Compliance with Laws. You agree to comply will all domestic and international laws, statutes, ordinances and regulations (collectively, “Laws”) regarding your use of this Site and any services, features and functions of this Site, including without limitation, any Laws regarding your bidding on, listing, purchase of, solicitation of offers to purchase, and sale of any items on or through this Site, and those Laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising.
8. Termination. LANG may, in its sole discretion, remove your Content from this Site or terminate or suspend your access to all or part of this Site, including, but not limited to, any weblogs, forums, photo galleries, bulletin boards, classified advertisements or “buy and sell” services or other interactive areas on this Site, for any reason or for no reason, including without limitation, breach of this Agreement. If your access to this Site is terminated, the restrictions and obligations in this Sections 2, 3, 4, 5.1, 6, 7, 8, 9, 10, 11, 12, 13, and 14 of this Agreement will survive any such termination. 
9. Indemnification. You agree to indemnify LANG and its Affiliates, and LANG's and its Affiliates' officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, that arise from: (a) your use or misuse of this Site; (b) the Content you Publish on this Site; (c) the items you bid on, list, purchase, offer for sale, or sell on or through this Site; (d) any disputes that may arise with one or more users of this Site, including users of the classified advertisements or “buy and sell” services; or (e) any other breach of this Agreement.
10. Disclaimer. THIS SITE IS PROVIDED BY LANG ON AN "AS IS" BASIS. LANG AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LANG AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11. Limitation of Liability. IN NO EVENT WILL LANG OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENT OR THE MATERIALS AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, EVEN IF LANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL LANG'S OR ITS AFFILIATES' TOTAL CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT, THIS SITE OR ANY OF THE SERVICES, FEATURES OR FUNCTIONS OFFERED THROUGH THIS SITE, EXCEED THE AMOUNT OF FEES RECEIVED BY LANG FROM YOU IN THE 6 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH LIABILITY.
12. Jurisdiction and Venue. This Site is created, operated and controlled by LANG from its offices within the State of Colorado, U.S.A. LANG makes no representation or warranty that the Materials or the Content available through this Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. This Agreement is governed by, construed and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of this Site will be filed only in the state or federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 
13. Privacy. LANG's privacy policy, which you may view at http://www.YourHub.com/Privacy_Policy.aspx (the “Privacy Policy”), is incorporated in this Agreement by reference. By accepting this Agreement, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy. 
14. General. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force and in effect. This Agreement constitutes the entire agreement between you and LANG concerning your use of this Site.

 

PRIVACY POLICY

By using this site, you signify your agreement to the terms of this privacy policy. If you do not agree to the terms of this privacy policy, please do not use the site.

What personally identifiable information does the website collect from me?

Information is collected in several ways. Some personal information is gathered through server log files. Personal information is also gathered when you enter a contest or promotion, request vacation delivery stop, or when you post an online ad. During these instances, The Los Angeles Newspaper Group asks for information such as your name, e-mail address, street address, zip code, phone number, subscriber status, and credit card number. We may also ask you for other information at other times.

How is my information used?

The Los Angeles Newspaper Group uses information collected from server log files, such as IP addresses, to help diagnose problems with our services, to administer our Web site, and to report and gather aggregate information about site usage and user demographics. The aggregated data may be shared with advertisers or business partners and is not linked to personally identifiable information

Cookies are used to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web service and stored on your computer's hard drive. Cookies are used to deliver targeted advertising based on your behavior or demographics and to track your number of entries in some of our promotions and contests. You can set your browser to refuse to accept cookies, but if you do we will not be able to customize the Web site's features according to your preferences. Advertising networks that serve ads into our site, such as Real Media or DoubleClick, may also use their own cookies. For more information about Real Media's use of cookies, visit http://www.realmedia.com/privacy.html. For more information about DoubleClick's use of cookies, visit http://www.privacychoices.org.

With whom is my information shared?

Promotions and contests that run on the newspaper Web site may be sponsored by companies other than the newspaper Web site or may be co-sponsored by the newspaper Web site and another company. The newspaper may make chat rooms, forums, message boards, and/or news groups available to our Web site users. Some of these forums require registration. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Aggregate information compiled by the newspaper Web site may be shared with advertisers and business partners as well as used by the newspaper and its related companies.

Linked Sites

Please be aware that the newspaper Web site's promotional partners, advertisers, sponsors, third-party Internet sites, and content providers accessible through The Los Angeles Newspaper Group may have their own privacy and data collection policies and practices. The newspaper and Web site are not responsible for any actions or policies of such third party parties. Users should check the applicable privacy policies of those third parties when providing personally identifiable information through co-sponsored, affiliated or linked sites.

Children's Guidelines

The Newspaper in Education program is a free service the newspaper may offer for teachers which promotes the use of newspapers in the classroom. The information requested on these pages is used solely for participation in the particular activity, and is not stored or sold to third parties. If a question, comment, story, joke, idea or opinion is published, only the student's first name, grade and state/country appear on the site. Students are advised to consult with their parents before giving personal information online.

Children's Privacy Policy

The newspaper is committed to complying with the Children's Online Privacy Protection Act of 1998.. The newspaper does not ask children to disclose more personal information than is necessary for them to participate in a particular activity. We urge children to check with their parents before entering information on any website and we urge parents to discuss with their children restrictions regarding the online release of personal information to anyone they don't know.

Information Collected

The newspaper limits its collection of information from children to what is known as nonpersonally identifiable information (e.g. screen names, birthday, gender, city, state, zip code and country of residence). This information is collected so children can participate in activities (e.g. completing polls or online surveys, posting jokes, book reviews, movie reviews, toy reviews, video reviews, concert reviews, game reviews, artwork or questions/comments online, or playing online games) without giving unnecessary personal information. From time to time, however, we may request limited personally identifiable information (e.g. child's email address and/or parent's or guardian's email address), as explained below, in order to conduct online contests or sweepstakes or offer other online activities. The newspaper cannot and does not condition a child's participation in any of our online activities on the disclosure of more information than is reasonably necessary to participate in the activity. Information is collected actively, such as through registration forms, and passively, such as through cookies.

Contest and Sweepstakes

The newspaper occasionally offers contest and sweepstakes, which may be entered online. Children under 13 may not participate in any online contest offered by the Los Angeles Newspaper Group.

Use of Information

The newspaper may disclose information maintained as required by law, for example, in response to a court order or a subpoena. The newspaper may also disclose such information in response to a specific law enforcement agency's request.

Cookies

The newspaper uses a software technology called "cookies." Cookies are small files that we place in visitors' computer browsers to store their preferences. Cookies themselves do not contain any personally identifiable information. Although cookies could enable the newspaper to relate a visitor's use of this website to personal information that the visitor has provided, such as an email address, we do not use cookies for this purpose. We do use cookies to determine how many visitors we have and how often they visit various sections of our site. You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser.

Parental Access

Parents, please send a letter or postcard to our Privacy Coordinator at the mailing address provided below if you would like to do any of the following:

Access personally identifiable information that the newspaper has collected online from your child, Correct factual errors in such information, Request to have this information deleted, or Request that we no longer collect or maintain such information. Please include your email address and telephone number where we can reach you. The newspaper takes steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child's parent or legal guardian.

Contact Us

If you have any questions, comments or concerns regarding our privacy policy and/or practices, please contact: Annie Hundley, Editor of Valleynews.com at annie.hundley@dailynews.com Office: (818)713-3695 21221 Oxnard Street Woodland Hills, Ca 91367

DoubleClick's Privacy Disclosure

We use a third-party advertising company to serve ads when you visit our Web site. This company may use information (not including your name, address, email address or telephone number) about your visit to this Web site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser. If you would like more information about this practice and to know your choices about not having this information used by this company, please visit http://www.doubleclick.net/us/corporate/privacy.