1. Acceptance of Terms
Daily News and More (DNaM) (collectively referred to as “Company” or “we” or “our” or “us”) operate this web site and/or service (the “Property”). Your use of this Property is subject to these Terms and you agree to these Terms by accessing this Property, registering for this Property, accepting any information from this Property or submitting any information to this Property. We reserve the right in our sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of this Property after the posting of any change in the Terms shall constitute your renewed agreement to be bound by any such changes. If at any time you do not accept these changes, you must immediately discontinue use of the Property. In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via this Property (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
The information, features and other content included in this Property have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Property, you assume the risk that the information on this Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Property at any time, without notice and without liability. This Property is to be used solely for your noncommercial, non-exclusive and limited personal use.
YOU MAY NOT USE THE PROPERTY FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS PROPERTY MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
3. Ownership and Intellectual Property and Restrictions
This Property and all of the information it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, graphic material, artwork, illustrations, digital still images, digital video and audio clips, databases, compilations and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property on the Property (collectively, the “Daily News and More Content”) is, between you and Company, owned by Company or its licensors and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use or play a single copy of the Daily News and More Content (excluding source and object code) as long as it is publicly available on the Property, provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Daily News and More Content or any copy you may make of the Daily News and More Content;
Other than as explicitly set forth in the immediately preceding paragraph, nothing contained in these Terms or on the Property or in any communication from the Property or Company should or will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Daily News and More Content in any manner without the prior written consent of Company or such third party that may own the Daily News and More Content displayed on the Property. ANY UNAUTHORIZED USE OF ANY OF THE DAILY NEWS AND MORE CONTENT IS STRICTLY PROHIBITED. Unless your use of the Daily News and More Content is otherwise authorized in accordance with these Terms, requests to use the Daily News and More Content should be directed to any contact on the contact page.
4. Content You Submit to the Property
The Property may provide you and other users with the opportunity to comment and participate in forums, blogs, message boards, social networking, social communities and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Company or the Property, including, without limitation, photographs, writings, music, video, audio recordings and/or computer graphics (collectively, “User Content”). You agree that:
• Your User Content is written, designed, captured or otherwise created exclusively by you and was not copied from another source; OR, all individuals that created or contributed in any way to your User Content have granted you permission to submit your User Content, with full knowledge that Company may exploit it in any manner whatsoever; AND you have obtained all necessary consents and releases from individuals (or the legal guardians of such individuals) depicted in your User Content for you to submit your User Content, with full knowledge that Company may exploit it in any manner whatsoever.
• Your User Content does not threaten, harass, intimidate, abuse others or use language that is intended to insult others. You may not make any negative comments that are connected to race or national origin, gender, sexual preference, religion or physical handicap.
• Your User Content does not contain profane, obscene, sexual or other inappropriate language.
• Your User Content does not contain any false statements, defame, libel or disparage anyone.
• You do not and will not disclose personal information about other people in your User Content without their consent.
• Your User Content does not and will not encourage violence, instigate violence or describe how to perform a violent act.
• Your User Content does not and will not promote illegal activity.
• Your User Content does not and will not solicit gambling.
• Your User Content does not and will not advertise, promote or offer to trade any products, goods or services.
• Your User Content does not and will not contain viruses, Trojan horses or other materials that modify, impair, disrupt, alter or interfere with the operation or maintenance of a Company web site. Do not upload materials that collect or transmit information, including, spyware, passive collection mechanisms, cookies or other similar devices. Do not launch any automated system, including any spider, robot, scraper or offline reader. Do not ruin a Company web site for others.
• You will not circumvent, disable, violate or otherwise interfere with web site security, the procedures for sending User Content, or other limitations on access to or use of Company web site.
• Your User Content does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You grant to Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, cache, store, use, copy, distribute, sell, re-sell, display, perform, publish, broadcast, transmit, modify, edit, reformat, translate or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media or medium now known or hereafter developed and with any technology or devices now known or hereafter developed. You further agree that Company is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Property or Company, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Content. You also grant to Company the right to sub-license and authorize others to exercise any of the rights granted to Company under these Terms and any Additional Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Company under these Terms and any Additional Terms. You further authorize Company to publish your User Content in a searchable format that may be accessed by users of the Property and the Internet.
You represent and warrant that you own the content submitted, displayed, published or posted by you on the Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason or no reason. Company assumes no liability for any information removed from the Property, and reserves the right to permanently restrict access to the Property or a user account. You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company and/or the Property. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms and any Additional Terms.
You acknowledge and agree that Company will not have any obligation to review, monitor, display, accept or exploit any User Content and Company may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. You will not receive any additional consideration or compensation for your User Content or for our exploitation of your User Content. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
COMPANY DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS PROPERTY.
5. Your Use Of The Property
As a user of the Property, you agree that you will not:
• use the Property, the Daily News and More Content or the User Content for any unlawful purposes;
• violate these Terms; any Additional Terms; or any local, state, federal or international law, rule or regulation;
• violate, misappropriate or infringe upon Company’s rights or the rights of others, including, without limitation, by creating any derivative works based on the Daily News and More Content
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
• use or launch any automated system, including without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Property or use or launch any unauthorized script;
• cover or obscure any banner or other advertisement on the Property;
• interfere with or circumvent any security feature of the Property or any feature that restricts or enforces limitations on use of or access to the Property, the Daily News and More Content or the User Content.
6. Your Warranties
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms and any Additional Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Company is accurate and complete; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms and any Additional Terms.
7. User Interactions and Disputes
You are solely responsible for your interaction with other users of the Property, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
8. Copyrights and Copyright Agents
We respect the intellectual property of others and we ask that our users to do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent to receive notice of claims of copyright infringement on this Property.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Property are covered by a single notification, a representative list of such works at that Property;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) information reasonably sufficient to permit us to contact the complaining party such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Other Press Content Restrictions
Other Press text, photo, graphic, audio and/or video materials shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Daily News and More will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
10. Disclaimers/Limitations on Liability/Indemnity
Company and its parent company(ies) and its and their subsidiaries, divisions, affiliates, directors, officers, partners, agents and assigns (the “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Property. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Company Affiliates. The information and opinions expressed in postings on the Property are not necessarily those of Company or its content providers, advertisers, sponsors, affiliated or related entities, and Company makes no representations or warranties regarding that information or those opinions. Company does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Internet may be subject to breaches of security. Company and the Company Affiliates are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the Property, Company or the Company Affiliates any information or posting information to the Property. Company and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Property. This Property may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE PROPERTY, THE DAILY NEWS AND MORE CONTENT AND THE USER CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PROPERTY, THE DAILY NEWS AND MORE CONTENT AND THE USER CONTENT.
YOU AGREE THAT COMPANY AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PROPERTY, THE DAILY NEWS AND MORE CONTENT OR THE USER CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PROPERTY; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PROPERTY, THE DAILY NEWS AND MORE CONTENT OR THE USER CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF PROPERTY USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH PROPERTY USERS, EVEN IF COMPANY OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PROPERTY OR ITS RELATED INFORMATION OR PROGRAMS.
THE PROPERTY CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PROPERTY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER COMPANY NOR THE COMPANY AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL COMPANY OR THE COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY OR THE COMPANY AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS PROPERTY, REGISTERING WITH THIS PROPERTY, ACCEPTING ANY INFORMATION FROM THIS PROPERTY OR SUBMITTING ANY INFORMATION TO THIS PROPERTY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND THE COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS OR ANY ADDITIONAL TERMS; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PROPERTY, THE SUN-TIMES CONTENT OR THE USER CONTENT; (D) YOUR USER CONTENT; (E) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (F) ANY MISREPRESENTATION MADE BY YOU; (G) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PROPERTY; (H) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; OR (I) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
The Property may contain links to websites operated by third parties. Company does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Company’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
12. Third Parties
Third party advertisers may offer goods, services and other materials to you on the Property. Your correspondence and business dealings with advertisers found on or through the Property including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Property.
Descriptions of, or references to, products or publications within the Property do not imply endorsement of that product or publication. Your dealings or communications through the Property with any party other than Company are solely between you and that third party. Under no circumstances will the Property, Company and/or the Company Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Certain areas of the Property may require registration or may otherwise ask you to provide information to participate in certain features or access certain Daily News and More Content or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Daily News and More Content or User Content or participate in certain features of the Property. When you provide information to the Property, you agree to provide only true, accurate, current and complete information.
If you register with the Property, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Property using your name in whole or in part. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company reserves the right to terminate your account at this Property or otherwise deny access to this Property (or any portion thereof) in its sole discretion without notice and without liability.
14. Fees & Payments
Company reserves the right at any time to charge fees for access to all or portions of the Property. However, in no event will you be charged for access to the Property unless we obtain your prior agreement to pay such charges. All fees and charges shall be billed to and paid for by you. You also will pay all applicable taxes, if any.
This Property may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
Any software that is made available to view and/or download in connection with the Property (“Software”), including, without limitation, podcasts, audio streaming, or video streaming, is owned or controlled by Company and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by these Terms and the terms of the end user license agreement, if any, which accompanies or is included with the Software. Company accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
17. Real Simple Syndication (“RSS”) Services
Company’s RSS service may offer feeds of headlines and other content (“RSS Content”) in XML format to visitors who use RSS aggregators. Company may offer RSS service to individuals for private, non-commercial use. Any other use, including charging others a fee to view or the incorporation of advertising into or the placement of advertising associated with the RSS Content, is prohibited. Company may discontinue the offering of RSS Content service at any time for any reason. Company assumes no liability arising from or relating to your use of RSS service.
Company’s RSS service may be used only on a platform from which a functional link is made available that takes the user directly to the display of the full article on the host Property. Any display of Company’s RSS feed or RSS Content must incorporate an attribution to the host Property. You may not modify, edit or otherwise alter the RSS Content. Company retains all title, ownership rights and intellectual property rights in and to the RSS Content. Company grants you a non-exclusive license to use the RSS service subject to these Terms.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES EVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR ANY OTHER COSTS ARISING OUT OR RELATED TO ANY ACT, OMISSION, FAILURE TO PUBLISH, MISTAKE, AND/OR ERROR IN THE PRINTING/PUBLISHING OF ADVERTISING. We reserve the right to limit the amount of advertising, to edit, revise or reject any advertising copy, and to cancel any advertising at our sole discretion without notice or reason. You agree not to order any advertising through this Site that in any way is fraudulent or involves the sale or offer of anything illegal; that is false, inaccurate or misleading; that creates liability for us or our affiliates; that violates any law, statute, ordinance, or regulation, including those that prohibit any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, national origin, disability, age, marital status, sexual orientation, ancestry, source of income, housing status, or military discharge status; that is damaging, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, hateful, or invasive of another’s privacy; that misrepresents you or any other person in any way; that infringes any party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; that is about, of, or concerning any person other than yourself or that contains or constitutes any spam, scam, or unsolicited promotional information. You agree to indemnify and hold us harmless from and against any and all liability, loss or expense (including reasonable attorneys fees and similar expenses) arising from any claims, including but not limited to, libel, unfair competition, unfair trade practices, plagiarism, infringement of trademark, trade names or patents, or copyrights or violation of rights of privacy resulting from publication by us of your advertisements.
In the event that we are required to seek legal remedies to recover fees and/or resolve disputes, you agree that we are entitled to recover all costs associated with such action by you, including but not limited to reasonable attorney’s fees, collection and administrative costs, within the jurisdiction of Cook County in the State of Texas.
Company operates the Property in the United States. Information contained on the Property may not be appropriate or available for use in other locations, and access to this Property from territories where the Property, Daily News and More Content or User Content may be illegal is prohibited. If you access the Property from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. You may not use or export the Property, Daily News and More Content or User Content in violation of U.S. export laws and regulations. These Terms shall be construed and enforced in accordance with the laws of the State of Texas, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to these Terms, any Additional Terms or your use of this Property must be filed in Sabine County Texas within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.
20. Violations Of These Terms
Company will determine your compliance with these Terms and any Additional Terms in its sole discretion. Any violation of these Terms or any Additional Terms may result in restrictions on your access to all or part of the Property and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue this Property, or any portion thereof, without notice to you or any third party. Upon termination of your membership or access to the Property, or upon demand by Company, you must destroy all materials obtained from this Property and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.
Notwithstanding any term of these Terms, Company reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Property, to terminate your license to use the Property, and to restrict, block, limit, and prevent your access to and use of the Property. Any termination or other action by Company described in this paragraph will not limit any other remedies Company may have against you at law or equity.
You and Company are independent contractors for all purposes. No agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms or by your access to or use of the Web Site. By accessing or using the Property, you consent to receiving electronic communications from Company. These communications may include notices about your account and information concerning or related to the Property. You agree that any notices, agreements, disclosures, or other communications that Company sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. The failure of Company to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms. This agreement is governed by the laws of the State of Texas, USA, excluding conflicts of law principles.
These Terms, including all terms, policies, and guidelines referenced in these Terms, is the entire agreement between you and Company concerning the Property. These Terms supersede all prior agreements or communications between you and Company regarding the subject matter of these Terms.