Effective April 2, 2021
ADDITIONAL POLICIES AND AGREEMENTS
DESCRIPTION OF SERVICE
RESERVATIONS AND SERVICES
In the event you make a reservation with us, you agree that you will make all bookings in good faith and not based on speculation or fraud. All reservations and ticket purchases are for you, your invited guests, or members of your party. You may not resell, advertise, assign, or otherwise market your reservation or ticket purchase to third parties. While we make our best effort to provide you with up to date information regarding available reservations, availability is subject to change at any time, and we make no representations or warranties regarding availability. All reservations and ticket sales are subject to our Ticket Purchase Terms and Conditions.
MODIFICATIONS AND INTERRUPTION TO THE SITES
We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
THIRD-PARTY SITES, CONTENT AND SERVICES
As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Services under the laws of the United States or other country.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COG RAILWAY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COG RAILWAY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COG RAILWAY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COG RAILWAY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COG RAILWAY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COG RAILWAY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Cog Railway. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
USER-SUBMITTED CONTENT AND USER CONDUCT
Any content, whether uploaded, posted, submitted, or otherwise made available to us or on our Site, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a Cog Railway Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Cog Railway Party be liable in any way for any User Content made available through our Site. We may not moderate all User Content on certain other areas of our Site, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.
You agree that you will not use our Site to transmit or make available any content that:
– violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
– infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
– contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
– you know or have reason to know is false, misleading, or fraudulent;
– you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– employs any techniques to disguise the origin of the content submitted;
– contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
– incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
– contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Site to:
– engage in any conduct which might be harmful to any individual;
– impersonate or misrepresent your affiliation with any person or entity;
– engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
– engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
OWNERSHIP OF USER CONTENT
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Site or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights and other intellectual property rights in the content available on our Site, including without limitation the Site’s design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Cog Railway, with all rights reserved, or in some cases may be licensed to Cog Railway by third parties. This content is protected by the intellectual property rights of Cog Railway or those owners. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Cog Railway.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find Content posted on our Site which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
1. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
The Cog Railway
515 Ruxton Ave.
Manitou Springs, CO 80829
By email: [email protected]
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Cog Railway to terminate use of our Sites by repeat infringers in appropriate circumstances.
Separate versions of our Services or our Site may be available for use on mobile devices. If you access our Site or Services on mobile devices, you understand that your mobile carrier’s standard charges will apply.
You are solely responsible for any User Content you may post to our Site and any disputes you may encounter with other users of our Site as a result of such contributions or otherwise. We have no obligation to become involved in, or to resolve, any disputes between users of our Site. However, we reserve the right to take any actions we deem appropriate with regard to such disputes.
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS
The Cog Railway
515 Ruxton Ave.
Manitou Springs, CO 80829
By email: [email protected]