Terms of Use

Welcome to Potcha News, an online interactive service operated by Potcha LLC.  Please read these Terms and Conditions of Use before using, or submitting content in any form or medium for publication on potchanews.com. By continuing to use this site, or by submitting content for publication on potchanews.com or any Potcha-branded site, you agree to abide, and acknowledge that you are bound, by all terms, conditions, and notices contained or referenced herein (“Terms and Conditions of Use”).
If you do not agree to these Terms and Conditions of Use, please do not use this site. Potcha LLC reserves the right to change these Terms and Conditions of Use at any time and you agree (including by virtue of your continued use of this site) to be bound by any such changes. By using this site after notice of such changes is posted, you agree to be bound by any and all modifications, alterations or updates. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that enhance or alter our site shall be subject to these Terms and Conditions of Use. The most current version of these Terms and Conditions of Use can be viewed at any time at: potchanews.com.

1. Potcha LLC May Discontinue or Suspend Our Site or Terminate Your Use

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that Potcha LLC shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that Potcha LLC, in its sole discretion, believes to be in the interests of our company and of our users as a whole.

2. Copyright and Trademarks

Potchanews.com contains copyrighted material, trademarks and other proprietary information. Please be advised that our site uses services and products protected by one or more U.S. patents and trademarks, and patents or trademarks pending.

We Have All Rights In Our Site and Content. All content contained on this site, including text, software, photos, video, graphics, music, audio, and logos, is protected by copyrights, trademarks, and other rights, as a collective work or compilation under the copyright laws of the United States and other countries, and Potcha LLC (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) owns all rights therein.  All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.

Potcha LLC owns a copyright in the selection, layout, arrangement and enhancement of such content, as well as the content original to it. Each third-party content provider, client or contributor owns the copyright in content original to it. You may use material from this site only for your own personal, non-commercial use. This site or any portion of this site or its content may not be modified, published, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Potcha LLC or expressly permitted under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, author attribution, trademark legend or copyright notice shall be made, without alteration or omission. Parties using copyrighted material under these permissions do not acquire any ownership rights by downloading copyrighted material, and the said parties acknowledge that they do not acquire these rights.

Potcha LLC embraces high standards of media ethics.  We expect third parties to respect our copyrights and those of our partners, contributors, and affiliates and, commensurately, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on Potcha LLC without authorization in a way that constitutes copyright infringement, you may notify our copyright agent (Felice G. Cohen, Managing Partner) by e-mail: felice.cohen@potchanews.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

3. Fair Use

Potcha LLC takes copyright issues very seriously, both as a creator of content and as a user of other parties’ content. In fact, everything that appears in a typical edition of the newspaper is copyright protected.

Nonetheless, copyrighted content is illegally reproduced everyday on web sites . The federal Copyright Act protects our right and our readers’ rights to make fair use of copyrighted content. We have no issue with people who quote a small amount of Potcha story so as to comment on it, perhaps even criticize us. That’s the essence of free speech in a vigorous democracy.

But fair use of our content restricts those who want to reference it to reproduce no more than a headline and up to a couple of paragraphs or a summary of the story. (We request users provide a link to the entire work on our web site). The fair use rule generally does not entitle users to display the whole story or photograph on their web site. To do so is a violation of our copyright and we will use all legal remedies available to address these infringements.

We understand people may want to share what they find interesting in our publication and appreciate your confidence.  These Terms and Conditions of Use explain that there is a right and legal way to go about doing so.

4. Linked Sites

This site may contain links to other sites on the Internet (“Linked Sites”).  Potcha LLC is not responsible for the content, advertising, products or other materials made available on or through any Linked Site. The links to these sites are for your convenience only, and you access them at your own risk.

Potcha LLC shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites. We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we 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 the use of or reliance on any content, goods or services available on or through such services.

Potcha LLC welcomes links to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Potcha LLC, potchanews.com, or any group or individual affiliated with Potcha LLC. You may not use on your site any logos, trademarks, service marks, or copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site the content or other materials on this site without prior written consent. Interactive Areas

Potchanews.com’s interactive features are provided to give users interesting and stimulating venues in which they can express their opinions and share their ideas. By posting opinions, comments, or ideas on potchanews.com, you grant Potcha LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any form, media, software or technology of any kind. You also grant Potcha LLC the right to use your name in connection with the reproduction or distribution of such material.

Potcha LLC does not accept unsolicited materials or ideas for use or publication in their newspapers, broadcast programming, books or other digital and electronic media except in connection with the forums, chat rooms and bulletin boards on potchanews.com and other Potcha sites. Potcha LLC shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to potchanews.com.

5. Submission of Content

You grant Potcha LLC certain rights when you submit content to us. Potcha LLC considers any content that you submit to Potcha to be available and authorized for publication by Potcha or its affiliates. You should understand that by submitting content to Potcha, you are indicating both that you: (a) own the rights in the content, or that you otherwise have the right to authorize Potcha to use the content; and (b) believe any information you have submitted is accurate and current.

By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. When you submit content to Potcha, you should be sure that you actually have the right to authorize Potcha to use the content.

Video Submissions: By submitting video to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) Potcha LLC may, or may permit users to, based solely on functionality provided and enabled by our web site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions. Unless you and we agree expressly otherwise, you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the video (as so compiled, re-edited, adapted, modified or derived at our sole discretion) for any period.

Warrant: You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that:   a/ you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions;   and   b/you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions of Use.

License: Assuming that you do own the rights in the content that you submit to Potcha, it is mutually understood and agreed by Potcha and you that you are not giving up your ownership of the rights, including the copyright, in that content when you submit the content to Potcha. But, you agree that you are giving Potcha and its affiliates a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the content that you have submitted, 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.  You agree that:

a/ you will not submit material that is copyrighted, protected by trade secret, non-disclosure or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;  b/ publish falsehoods or misrepresentations that could damage us or any third party; c/ submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; or   d/ advertisements or solicitations of business.

Potcha reserves the right to remove or not publish submissions without prior notice. You understand and agree that when you submit content in any form to Potcha we may authorize such content to be distributed or syndicated to or published on other Potcha-branded environments.

(In Plain Language)  When you submit content of any kind, you have no further right to control how Potcha or its affiliates use the content you have provided, regardless of how Potcha chooses to use that content, in whatever form, in whatever medium, for whatever purpose, forever.  By submitting content of any kind, you have granted a license to Potcha for no compensation other than Potcha’s agreement to provide attribution to you for the content.

If you do not wish to convey this license to Potcha, then you should not submit the content to Potcha.

6. Potcha is an Internet Service Provider

Potcha LLC is not responsible for and does not necessarily hold the opinions expressed by our content contributors. Opinions and other statements expressed by users and third parties (e.g., bloggers and contributors) are theirs alone, not opinions of Potcha LLC. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Potcha LLC is not undertaking any obligation or liability relating to the content. Potcha LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Potcha LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Potcha LLC reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

7. You Will Be Responsible for Any Harm Potcha May Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties

You agree to indemnify and hold harmless Potcha LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.

8. Potcha LLC May be Legally Compelled to Disclose Certain Information

You agree that in the event that we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response to a subpoena.

9. Our Liability to You is Limited

Potcha LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.

10. Your Use of Our Site is Subject to Disclaimers

THIS SITE IS PROVIDED BY POTCHA LLC ON AN “AS IS” BASIS. WE DO NOT WARRANT IN ANY WAY, EXPRESS OR IMPLIED, THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POTCHA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  POTCHA LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

Indemnification
You agree to indemnify Potcha LLC and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, that arise from your use or misuse of this site.

Applicable Law

This site is created, operated and controlled by Potcha LLC from its offices within the State of Colorado, U.S.A. Potcha LLC makes no representation that material on potchanews.com is appropriate or available for use in other locations.

These Terms and Conditions of Use shall be 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 these Terms and Conditions of Use or your use of this site shall 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.

For privacy policies, please click here.

Our Address and Contact Information

POTCHA LLC
PO Box 304
Hygeine, Colorado 80533

E-Mail: admin@potchnews.com

 

RSS Terms and Conditions

By downloading an RSS Feed (“The Service”) from any Potcha LLC web site(s) (“Potcha site(s)”), including without limitation this site, you hereby agree to use the Service in accordance with, and be bound by, these Terms of Use. Unless you agree to be bound by these Terms of Use in their entirety, do not download the Service.

Subject to the terms of these Terms of Use, Potcha LLC (“Potcha”) hereby grants you, a limited, revocable, nontransferable, nonsublicensable, royalty-free, nonexclusive license to display on your web site (“Site”) the headlines, active links, or other source identifiers, and other information or materials, including any promotional taglines that you specifically select to receive from Potcha sites (collectively, the “Content”) through the Service provided that you do not alter, edit, or delete any of the Service. Potcha may restrict, suspend or terminate your access to any aspect or all of the Service at any time within its sole discretion and without liability. Potcha reserves the right to modify the Service at any time within Potcha’s sole discretion. You acknowledge that the Service availability is subject to change at Potcha’s sole discretion.

a. The Service is protected by copyright, trademark and other intellectual property laws, and title, ownership, and any and all intellectual property rights in and to the Service shall remain at all times with Potcha. Unless otherwise specified, the Service is provided solely for the purpose of allowing you to view headlines from Potcha sites for your personal, noncommercial use. If you want to obtain greater rights to use the Service or to license content from Potcha sites, please contact the Managing Partner ; Intellectual Property of Potcha for more information.

b. Except as expressly set forth in Section 1, and/or unless otherwise expressly agreed to in writing by Potcha, you may not, directly or indirectly: (a) modify, copy, reproduce, transfer, sell, republish, upload, post, transmit or distribute the Service in any way, (b) display the name, logo, trademark or other identifier of another person (except for Potcha sites or you) on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site; or (c) remove or conceal any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Service, including without limitation, the size, color, location or style of Potcha sites’ marks.

If you display one or more of these feeds on a web site or web log, you must display the Potcha site’s logo that is included in the feed, or give other attribution to the applicable Potcha sites. Potcha reserves the right to require any site to cease the display of our feeds at any time and for any reason.

Potcha may from time to time and in its sole discretion, revise or modify these Terms of Use, or impose new conditions on use of the Service, in which case we will post the revised terms of use on this site. By continuing to use the Service after we post any such changes, you accept the revised terms of use, as modified.

 

These Terms of Use set forth the entire agreement between the parties with respect to the aforementioned license and fully supersedes any and all prior or contemporaneous agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, and in any dispute arising under these Terms of Use, the venue shall be the state or federal courts located in Denver, Colorado.

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