Terms of Use
The Pikes Peak – America’s Mountain Recreation Corridor and the Pikes Peak Highway (collectively the “Highway”) is a part of the U.S. National Forest and is within the City of Colorado Springs (“City”) Watershed areas. The Highway is operated by the City under a special use permit. As consideration for the City allowing use of the Highway, users expressly agree to waive, remise, and release the City and the United States of America from any and all loss, damage, injuries, claims, causes of action, or any liability whatsoever on behalf of the themselves and all heirs, assigns, successors, and any person claiming or attempting to exert a claim for any injury now or in the future resulting from use of the Highway. Users further agree to indemnify, defend, and hold harmless the City and the United States of America, and their respective officers, employees, and agents from and against any and all losses, damages, injuries, claims, causes of action, or any liability whatsoever resulting from, arising out of, or in connection with the use of the Highway. Use of the Highway is a privilege and users are expected to conduct themselves in an appropriate manner. In the event any user violates any federal, state, City, or local law, rule, or policy or treats another person or persons or property with disrespect, as determined within the sole discretion of the Highway Manager or designee, the Manager or designee may remove that person or persons from the Highway and may, at the sole discretion of the Manager or designee, limit or prohibit such person or persons from future use of the Highway.
User Generated Content Terms of Use
In these User Generated Content (UGC) Terms of Use, “we”, “us” and “our” refers to Pikes Peak – America’s Mountain.
The "Photo" refers to the photo(s), caption and comments you posted on Facebook, Twitter, or Instagram ("Social Media") described in the message we sent referring you to these UGC Terms of Use.
By responding to our message with “#YESCITYOFCOS,” you agree that we may use your Photo in accordance with these UGC Terms of Use.
About You
You represent and warrant that:
- You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;
- You have full power and authority to agree to these UGC Terms of Use;
- The Photo is your own original creation, you did not take the photo from another website, social media posting or elsewhere, and the Photo does not contain anything that violates the rights of any person or entity;
- The Photo does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity
- The Photo does not contain anything illegal, defamatory, obscene or offensive;
- You have permission from any person(s) appearing in the Photo to provide us with the rights to use the Photo as described in these UGC Terms of Use;
- Your upload or post of the Photo does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Photo;
- Our use of your Photo as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law.
- You confirm and agree that Our use of your Photo as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
- You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.
Our Use of Your Photos
You grant us an irrevocable and unlimited right and license to use your Photo without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Photo. We may use your Photo for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Photo (or any part of the Photo) and related content, and include the Photo (or any part of the Photo) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Photo. You agree that we have no obligation to use your Photo or your name or other identifying information.
You confirm that you have the consent or permission of any other person or entity that is required for our use of your Photo as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in your Photo, and (2) any person or entity who owns any rights in your Photo or anything that appears in your Photo. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Photo and the rights you are granting us under these UGC Terms of Use.
You irrevocably and unconditionally waive and agree not to enforce all rights in the Photo, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use.
Whether we choose to use the Photo or not is solely our choice. We have no obligation to use the Photo and we may remove or stop using any Photo at any time, for any reason. Use of the Photo does not imply our endorsement of or any affiliation with you.
Privacy Policy
We will use any personal data we receive in connection with our use of the Photo in accordance with these UGC Terms of Use and in accordance with our Privacy Policy available on www.pikespeakcolorado.com, or the Privacy Policy applicable in your country as available on our local website, and upon request. You consent to our collection of any personal data you provide in connection with the use of the Photo as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not provide us with personal information or agree to these terms. You agree to such collection, use, disclosure, transfer and processing of your information in accordance with these UGC Terms of Use.
Copyright Policy
We respect the intellectual property of others, and we ask you to do the same. If you believe that your Photo has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998.
Limitation of Liability
You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these UGC Terms of Use.
Miscellaneous
These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms of Use to any other person, in whole or in part, without consent.
A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these UGC Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms of Use has no right to enforce any of these terms.
These UGC Terms of Use contain all the terms agreed between us regarding the Photo and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
The construction, validity and performance of these terms shall be governed by the laws of the State of Colorado, USA and the parties submit to the exclusive jurisdiction of the courts of Colorado to resolve any dispute arising under or in connection with these UGC Terms of Use. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms of Use are invalid, then that provision will be removed without affecting the rest of the UGC Terms of Use. The remaining provisions of these UGC Terms of Use will continue to be valid and enforceable.
Any questions regarding these UGC Terms of Use may be directed to: Pikes Peak – America’s Mountain, Attn: Parks Operations Administrator, PO Box 1575, MC, 060, Colorado Springs, CO 80901
Explore Pikes Peak Summit App Privacy Policy
Our Commitment to Privacy
The City of Colorado Springs and the Pikes Peak Summit Visitor Center is committed to protecting our Explore Pike Peak Summit Application users’ privacy. We believe that greater protection of personal privacy will not only protect users, but also increase user confidence and ultimately their participation with the App. The purpose of this policy is to inform you about the types of information we gather when you download the application, how we may use that information, whether we disclose it to anyone, what mobile device features we may ask to access.
COLLECTION OF YOUR INFORMATION
We do not collect any information that you don’t voluntary provide. Providing this information is not a requirement to use most features of the Application.
The information we may collect via the Application depends on the content and materials you use, and includes:
Personal Data
You have the option to enter your first name and hometown into the Application. If entered, your name and hometown may appear on the My Pikes Peak Touch Wall in the Pikes Peak Summit Visitor Center.
Geo-Location Information
We request permission to access location-based information from your mobile device to track and display how many miles you are from the Pikes Peak summit. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Access
We may request access or permission to access your mobile device’s camera roll to save and/or share photos taken within the Application. If you wish to change our access or permissions, you may do so in your device’s settings.
USE OF INFORMATION
We may use information collected about you via the Application to:
- Compile anonymous statistical data and analysis for use.
- Save and display progress during future visits to the Application
- Display first name and hometown on My Pikes Peak Touch Wall in the Pike Peak Summit Visitor Center
- Display photos you choose to share with the Pikes Peak Summit Visitor Center
USE OF PHOTOS
You can use the Application to voluntarily send photos to the Pikes Peak Summit Visitor Center. Sharing photos with the Application gives permission to Pikes Peak Summit Visitor Center to display the photo on the Pikes Peak Touch Wall in the Pikes Peak Summit Visitor Center and on Pikes Peak Social Media accounts. This includes Facebook https://www.facebook.com/PikesPeakAmericasMtn/, Twitter https://twitter.com/drivepikespeak, Instagram https://www.instagram.com/drivepikespeak/, and other social media platforms developed in the future.
By voluntarily sending your photos you grant us an irrevocable and unlimited right and license to use your Photo without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Photo. We may use your Photo for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, modify, alter, edit, publish, create new derivative works from, make available and display the Photo (or any part of the Photo) and related content, and include the Photo (or any part of the Photo) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Photo. You agree that we have no obligation to use your Photo or your name or other identifying information.
You confirm that you have the consent or permission of any other person or entity that is required for our use of your Photo as described in this policy, including but not limited to: (a) any person who appears or performs in your Photo, and (2) any person or entity who owns any rights in your Photo or anything that appears in your Photo. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Photo and the rights you are granting us under this policy.
You irrevocably and unconditionally waive and agree not to enforce all rights in the Photo, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.
If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under this policy.
Whether we choose to use the Photo or not is solely our choice. We have no obligation to use the Photo and we may remove or stop using any Photo at any time, for any reason. Use of the Photo does not imply our endorsement of or any affiliation with you
DISCLOSURE OF YOUR INFORMATION
Your personal information is not shared or sold to any third-party entities. The Application does use a third-party service, Crowdriff, so Pikes Peak Summit Visitor Center can view and manage any photos you choose to share with them.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTACT US
If you have questions or comments about this Privacy Policy, please contact us at:
Pikes Peak Summit Visitor Center
City of Colorado Springs
PO Box 1575, MC 060, Colorado Springs, CO 80901
pikespeakinfo@coloradosprings.gov