Times-Journal Inc. LEGAL TERMS FOR WEBSITE USAGE
This TJI Legal Terms for Web Channel Usage Agreement was last updated on November 10, 2009 and is effective immediately.
Times-Journal Inc. LEGAL TERMS FOR WEB CHANNEL USAGE AGREEMENT
Please read this Agreement carefully. This Agreement may change from time to time without advance notice to you, so please check back often. Such revisions are effective to you as a user of this Service immediately upon posting. If you have any questions or comments regarding this Agreement, or use of a user’s personal information, please contact us by sending an e-mail message to email@example.com.
- Copyright Rights: Except for content provided by users (“User Generated Content”), all copyright rights in the text, images, photographs, graphics, user interface, audio and/or video content and any other content provided on the Service by TJI or its third-party licensors and operational service providers, including the selection, coordination, and arrangement of such content (collectively, “TJI Content”), are owned by TJI, its third-party licensors or Operational Service Providers, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any TJI Content for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of TJI or any third party. The Service and the TJI Content contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any TJI Content or any individual design elements of the Service is strictly prohibited, without the prior written consent of TJI. Requests for permission to reproduce any TJI Content contained on this Service should be addressed to the contact person below.
If you have any questions or comments about this Agreement or our use of personal information, you may send an e-mail to firstname.lastname@example.org or send a letter to the following address:
Southern Community Newspapers, Inc. Attn: Mike Gebhart, PO Box 603, Lawrenceville, Georgia, 30046.
Notwithstanding the above, TJI authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TJI is prohibited.
While this section concerns copyrights held by TJI and its third-party licensors, you must accept as a condition of using the Service that you may not submit, transmit, distribute, post, communicate or store ("post") copyrightable information to the Service without either (i) being the copyright owner or (ii) having the express consent of the copyright owner. Please see the “Posting of Information in Public Areas” section below for more information.
Notice of Copyright Infringement: If you believe that your work has been posted by a user or another third party and is accessible on this Service in a way that constitutes copyright infringement, you must follow the DMCA Designated Agent notification instructions in our Copyright Policy.
Trade and Service Mark Rights: All rights in the product names, company names, trade names, logos, product packaging and designs of all TJI Content or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to TJI or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of TJI or any third party.
Modification of This Agreement: TJI reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the Service. If you are a member or a subscriber of the Services and your email contact information is current, we will notify you of material changes via email and/or by posting them on the Web Channel. Nonetheless, you are responsible for regularly reviewing and understanding these modified or amended terms and conditions. You understand, acknowledge and agree that you will be deemed to accept all changes so posted if you continue to use the Services after notification. If you do not agree to the changes in this Agreement, you understand that your only recourse will be to terminate your use of or membership to this Service.
Links to Third-Party Services or Websites: This Service may contain links to external websites or services owned, operated, or managed by third parties (collectively referred to as “Linked Websites") such as “Ask the Experts” and “My Capture.” Although a Linked Website may feature a TJI or its newspaper logo or identification, or a Linked Website is “framed” by the Service, such a third party website is not under the control of TJI, nor is TJI responsible for the contents, business practices or privacy policies of any Linked Website, including, without limitation, links contained on Linked Websites, or any changes or updates to Linked Websites. TJI is providing a link to a Linked Website to you only as a convenience, and the inclusion of such links is not an endorsement by TJI in favor of any company offering Internet services, products or services on the Linked Websites. If you decide to access and use Linked Websites from this Service, you understand, acknowledge and agree that you do so at your own risk. You further agree that the Service, its newspapers, parent company(s), successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party websites. This disclaimer applies even if a third party providing a Linked Website is affiliated with TJI or any of its newspapers.
Advertisers: Third party advertisers, promotional partners or sponsors (collectively, “Advertisers”) may present statements, messages, offers, advice, or promotional materials on or through the Service. Advertisers are not under the control of TJI, and the inclusion of Advertisers’ statements, messages, offers, advice, or promotional materials on or through the Service is not an endorsement by TJI or any of its newspapers in favor of same. Any correspondence or business dealings with, or participation in promotions of, Advertisers found on or through the Service, 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 Advertisers. You understand, acknowledge and agree that TJI and its network solutions shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such Advertisers on the Service.
Shopping and E-Commerce: Products Sold by TJI. This Service may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for any Products you may obtain from or through other websites or web pages, even if you were directed or linked to such a website or page through this Service. For Products listed advertised on our classified advertising features, please see “Classifieds: Products Advertised by Users,” Section 9 below.
If a Product offered directly by TJI is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Service are offered for sale only to end user customers or as personal gifts to end user customers and not for commercial resale. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Service.
If an order consists of multiple items, they may be shipped separately depending on availability.
- Classifieds: Products Advertised by Users In addition to directly offering Products for sale as described above, this Service may display advertisements for the sale of certain goods (“Classifieds”) submitted by users of the Service.
A user who submits such an advertisement (the “Seller”) must certify that our Prohibited Items List does not bar the advertisement for sale of that item. We reserve the right to reject or remove any advertisement, regardless of whether the item advertised for sale is included on the Prohibited Items list. We may deactivate the accounts of users who submit multiple advertisements we deem inappropriate. Sellers are entirely responsible for the content of their advertisements. Our Classifieds service allows users (“Buyers”) to browse the Classifieds submitted by Sellers and to contact each Seller about purchasing items advertised for sale. We have no responsibility or liability whatsoever to either Buyers or Sellers for such transactions. We may charge Sellers a fee to post listings with special features (“Premium Listings”). All fees paid will be non-refundable in the event that a Classified is removed from the Service for violating this policy. You understand, acknowledge and agree that TJI merely provides a forum where anyone can offer, sell or buy certain items, on terms of sale determined solely by the buyer and seller. Unlike an auctioneer website, TJI is not involved in the actual transaction between buyers and sellers, and ultimately has no control over the quality, safety or legality of advertised items, nor any matters relating to the completion of transactions. Therefore, TJI shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such Classifieds on the Service.
DISCLAIMER OF WARRANTIES AND LIABILITY FOR ALL PRODUCTS AND CLASSIFIEDS: EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TJI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND CLASSIFIEDS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND CLASSIFIEDS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Prohibited Uses Generally: You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from TJI. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You further agree not to: (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions, contests or surveys offered through the Service; (b) delete or revise any material or other information of any other user or of TJI; (c) take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this Web Channel; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars's or intelligent agents) to navigate or search the Service other than the search engine and search agents available from TJI on the Service and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service, or which, in the sole judgment of TJI, exposes TJI or any of its customers or suppliers to any liability or detriment of any type. You also are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (A) accessing data not intended for you or logging into a server or account that you are not authorized to access; (B) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (C) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service; (D) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (E) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. TJI will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Posting of Content in Public Areas: If you submit, transmit, distribute, post, communicate or store (collectively, "post" or “posting”) content (including, without limitation, text, photos, audio and/or video content, graphics, news stories, or any other user generated content (collectively, “UGC”)) in the Web Channel’s public areas, such as but not limited to blogs, comment forums, chat rooms, message boards, social networking features or news submission services, you are solely responsible for your own UGC, the consequences of posting such UGC, and your reliance on any UGC found in these areas. You understand that TJI may, but is not obligated to, monitor or review UGC in any public area and that TJI shall not have any liability whatsoever related to the content of such UGC, whether arising under the laws of libel, privacy, copyright, trademark, obscenity or otherwise. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
TJI may also accept the submission of UGC related to breaking news stories or severe weather via email and/or postal mail to newspaper personnel. Any submission of UGC via email or postal mail is also subject to this Agreement. You are solely responsible for any UGC that you provide to TJI or its newspapers. In consideration of being allowed to post UGC, you agree that the following actions shall constitute a material breach of this Agreement: (a) Posting of copyrightable information without either (i) being the copyright owner or (ii) having the express consent of the copyright owner; (b) Posting information that reveals trade secrets unless you own them or have a license to disclose or use any such secrets; (c) Using a public area for any purpose in violation of local, state, national, or international laws; (d) Posting UGC that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; (e) Posting UGC that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by TJI in its sole discretion; (f) Posting advertisements or solicitations of business; (g) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); (h) Posting surveys, contests, chain letters or pyramid schemes; (i) Impersonating another person; (j) Uploading or distributing files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or (k) Allowing any other person or entity to use your identification for posting or viewing comments. TJI reserves the right to review UGC on its Service, to remove any UGC, and to terminate your ability to post to the Service at any time without notice, in its sole discretion. TJI also reserves the right to disclose any UGC as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any UGC, in whole or in part.
License Granted: TJI does not claim ownership of the UGC you make to its Service, or any material you transmit, distribute, communicate or store on, to or through the Service. However, by posting UGC, to or through the Service, or via email or postal mail, you grant TJI a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral right) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of your posting. TJI is free to use any ideas, concepts, know-how, or techniques contained in any communication to the Service for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. TJI is under no obligation to maintain any posting you make and may remove any posting at any time in its sole discretion. By posting to or through this Service, you also warrant and represent that you own or otherwise control all of the rights to the content of the public posting, and that use of your content by TJI will not infringe or violate the rights of any third party.
Minors: Children under the age of 13 years are prohibited from participating in activities that require registration and the collection of personal information on this Service. Parents and legal guardians may register for the activity on behalf of their child, under the parent or legal guardian’s own name and personal information. Persons between the ages of 13 and 18 years may participate in most activities on this Service, unless designated otherwise. The parents or legal guardians of minor children shall be solely responsible for (a) the online content and activities of such minor; (b) monitoring such minor's access to and use of the Service; and (c) the consequences of any use of the Service by such minor. Any false or fraudulent registration or entry from any person will disqualify the person from the receipt of any contest or sweepstakes prize or other benefit.
GENERAL DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED "AS IS." TJI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. TJI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TJI DISCLAIMS ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TJI OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK.
Limitation of Liability: This Service may contain technical inaccuracies, typographical errors, and out of date information. TJI makes no representations about the accuracy, reliability, completeness, or timeliness of the Service. Neither TJI nor any party involved in creating, producing or delivering this Service, or on any website linked to this Service, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special, compensatory, exemplary or punitive damages arising out of your access, use or inability to use this Service or any website linked to this Service, or any errors or omissions in the content thereof. TJI reserves the right to alter the content of this Service in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TJI has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TJI's liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification: Upon a request by TJI, you agree to defend, indemnify and hold harmless TJI and its subsidiaries, affiliates, officers, agents, representatives, employees, co-branders, Advertisers, suppliers, operational service providers, or other partners and their respective officers, directors, employees, representatives and agents, or others involved in creating, promoting, or otherwise making available this Service from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Service in any manner. The Service will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with this Newspaper and Infinity in asserting any available defenses.
Choice of Law and Forum: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You and TJI expressly agree to submit to the exclusive jurisdiction and venue of the courts in New York County, New York in all disputes arising out of or relating to the use of this Service.
Severability and Integration: Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and TJI and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TJI. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
No Waiver: The failure of TJI to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
No Professional Advice: Any information supplied by any employee or agent of TJI, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Miscellaneous: You agree that no joint venture, partnership, employment, or agency relationship exists between you and TJI as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of TJI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by TJI with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or TJI administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination: TJI reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without notice.
© Copyright 2011 Southern Community Newspapers, Inc. All Rights Reserved.