Terms of Service
Effective Date:
December 17, 2010
Welcome
Welcome to Idaho State Journal's (“the
Company”) website and network of websites.
Your use of this website and any
affiliated websites is subject to the following terms of service.
Your agreement
with the Company
You understand and agree
that, by visiting this website and any affiliated sites, you are accepting,
without modification, these Terms of Service. If you do not agree with any
portion of these Terms of Service, your only option is to discontinue use of
the websites and its affiliated sites.
In agreeing with these Terms of Service, you represent and warrant that you are
at least eighteen (18) years of age or otherwise capable of entering into and
performing legal agreements. If you are under eighteen (18) then you may only
use this website and any affiliated websites with the consent of a parent or
legal guardian.
These Terms of Service include
among other things the Company's Privacy Policy, which is also located on this
website and incorporated by reference in the Terms of Service. Read the Privacy Policy carefully as you
are agreeing to it when you agree to these Terms of Service.
Revisions to
Terms of Service
This Terms of Service is subject
to revision from time to time by the Company. The effective date of the most recent
revision is set out below the title and all users are bound by the Terms of
Service in effect as of the date of usage.
Copyright and
Ownership
All of the content featured or displayed on all
Company websites is owned by the Company, its licensors and / or its content
providers. All elements of the
site, including but not limited to the general design and content, are
protected by trade dress, copyright, trademark and other laws related to
intellectual property rights.
Except as explicitly permitted under this agreement or another agreement
with the Company, no portion or element of the website or any affiliated sites
may be copied or retransmitted via any means, and the websites and their
content shall remain the exclusive property of the Company unless otherwise
expressly agreed upon in writing. If you operate a Web site and wish to
link to Stephens Media LLC., you may do so provided you agree to delete the
link upon request from us. No other use is permitted without prior written
permission.
Subject to the terms and
conditions of these Terms of Service, the Company grants you permission to
access this and affiliated websites and view the content solely for your
personal, non-commercial use. In addition to viewing content online, you may
electronically store a reasonable portion of the content for your personal,
non-commercial use by making a single electronic copy on your computer's hard
drive, or a single copy on a disk or other media or a single copy in printed
form. You agree, however, that you will not store or archive a significant
portion of the content or create a database using the content.
Links to third party websites are
provided to you as a convenience and do not imply endorsement by the Company or
any affiliation with or endorsement by the owner of the linked site. The Company is not responsible for the
content of any linked site or any consequences of making the link.
User-submitted Content
Users of the Company's websites
may be able, as dictated by the functionality, to submit or to otherwise make
available messages, e-mails, photographs, text, videos and other content for
display on the Company's websites. You are solely responsible for this content, and the Company acts as a passive
conduit for your online distribution and publication of such content. Such content must conform to the
guidelines below. Without limiting any of its rights in law and equity, the
Company reserves the right to remove any content for any reason in its sole
discretion that it believes may violate these Terms of Service, or any
copyright or third-party rights.
By submitting or otherwise
making available any content to the Company's website and affiliated websites,
you automatically grant the Company a nonexclusive, royalty-free, worldwide,
perpetual, irrevocable, sublicensable (through multiple tiers), license to use,
modify, copy, distribute, transmit, publicly display, publicly perform,
publish, adapt, create derivative works of, distribute, transfer or sell any
such content, for any purpose,
including commercial purposes and in connection with advertising for the sole
benefit of the Company (collectively, "use"), in any type of media or
in any form now known or later developed, without any payment to you. In
addition, you automatically waive and give up any claim that any use of such content violates any
of your rights, including privacy rights,
publicity rights, moral rights or any other right, including the right to
approve the way the Company uses such content. You also
grant the Company the right to use any material, information, ideas, concepts,
know-how, or techniques contained in any communication you provide, submit, or
otherwise make available for any
purpose whatsoever, including, without limitation, commercial purposes. By
submitting user content, you
automatically warrant and represent to the Company that you are the owner of
all intellectual property rights in and to the content or that you otherwise have all
sufficient rights to grant the license above. By submitting user content, you further
warrant and represent that the content infringes no third-party right of
privacy, right of publicity, or any other third-party right or proprietary
interest.
Digital
Millennium Copyright Act ("DMCA")
The Company respects the
copyrights of others and expects its users to do the same. In accordance with
the Digital Millennium Copyright Act ("DMCA"), the text of which may
be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, the Company will respond expeditiously to notices of
alleged copyright infringement that are duly reported to our Designated
Copyright Agent identified in the notice below.
If you believe that the Company
has infringed your copyright, please notify our Copyright Agent and provide the
following information.
1.
An identification of
the copyrighted work that you claim has been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
2.
An identification of
the material on our website or an affiliated website that you claim is
infringing or is subject to infringing activity that is to be removed or access
to which is to be disabled, with enough detail (including without limitation
the URL of the material) to allow us to
locate the material on our site.
3.
Your name, address,
telephone number and e-mail address.
4.
A statement by you
that you have a good-faith belief that the disputed use is not authorized by
the copyright owner, its agent or the law.
5.
A statement by you
declaring that the above information in your Notice is accurate, made under
penalty of perjury, and that you are authorized to act on behalf of the owner
of an exclusive copyright interest involved.
6.
A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
The Copyright Agent for the
Company is Mark Cohen, who can be reached at Pioneer Newspaper, Inc., 221 First
Avenue West, Suite 405, Seattle, WA 98119; tel: 206-284-4424. You acknowledge
that if you fail to comply with all of the requirements of this Section, your
DMCA notice may not be valid.
Online conduct
The Company encourages a free and
open exchange of ideas in a climate of mutual respect. Any action by a user
that infringes on another user's right to use and enjoy our websites is
prohibited. The Company reserves the right, but does not assume any obligation,
to monitor your online conduct to enforce these Terms of Use. Specifically, you
may not:
1.
Provide any
information that is false, misleading or inaccurate.
2.
Use any portion of our
websites for any unlawful purpose or otherwise fail to comply with all
applicable domestic and international laws, statutes, ordinances and
regulations.
3.
Use any portion of our
websites for uploading, posting, e-mailing, transmitting or otherwise making
available content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party.
4.
Subject to the
Company's sole discretion, use any portion of our websites for uploading,
posting, e-mailing, transmitting or otherwise making available content that is
harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar,
obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise
objectionable.
5.
Use any portion of our
websites for uploading, posting, e-mailing, transmitting or otherwise making available
junk mail, commercial advertisements, or any other form of commercial
solicitation.
6.
Attempt to interfere
with any other person's use of our websites.
7.
Misrepresent your
identity or impersonate any person.
8.
Hold yourself out as
sponsored by, endorsed by, or affiliated with our Company or our websites
9.
Attempt to modify,
translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Company or its websites.
10.
Use or launch any
automated means including spiders, robots, crawlers, scrapers and the like, to
download or copy data or content from our websites
11.
Distribute any
material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (i)
disrupt, damage, or limit the functioning of our websites, any software,
hardware, or telecommunications equipment used in connection therewith; or (ii)
damage or obtain unauthorized access to any data or other information of any
third party.
12.
Take any action that:
(i) imposes or may impose, in our Company's sole discretion, an unreasonable or
disproportionately large load on its infrastructure; (ii) interferes or
attempts to interfere with the proper working of our websites; or (iii)
disrupts or diminishes the quality of, interferes with the performance of, or impairs
the functionality of our websites.
13.
To register a
complaint about another user's conduct, please e-mail
mcohen@pioneernewspapers.com.
Disclaimer
While the Company strives for
accuracy, it does not warrant or guarantee the accuracy or completeness of any
information or database on our service. Nor does our Company warrant or
guarantee that any files available for downloading will be free of defects.
Neither the Company nor any of its information providers will be liable in any
way to you or to other parties for delays, inaccuracies, errors or omissions in
material published in this website and affiliated websites.
The content, services, and
features of this website and affiliated websites are subject to change without
notice. The inclusion of any content, services, and features on such websites
at a particular time does not imply or warrant that these products or services
will be available at any time.
While we take reasonable steps
to ensure that no viruses, worms, Trojan horses or other destructive properties
are present, the entire risk as to the quality and performance of our websites
and the accuracy and completeness of any information is with you.
Opinions, advice and all other
information expressed on this and affiliated website forums, comment sections,
blogs, and any other area where user-generated content is displayed, represent
the individual's own views and are not necessarily those of the Company. The
Company does not endorse and is not responsible for statements, advice and
opinions made by anyone other than authorized Company spokespersons.
Any investment decisions or
other actions that users take based on information available on this and
affiliated websites should first be reviewed by a competent financial adviser
or other professional. THIS WEBSITE AND AFFILIATED WEBSITES' SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT,
OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE
CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING
ANY LINK TO ANOTHER WEB SITE OR RESOURCE). In no event will the Company be
liable for (i) any incidental, consequential, or indirect damages (including,
but not limited to, damages for loss of business profits, business
interruption, loss of programs or information, and the like) arising out of the
use of or inability to use this and affiliated websites, or any information or
services provided on the Company, even if the Company has been advised of the
possibility of such damages, or (ii) any claim attributable to errors,
omissions, or other inaccuracies published on this and affiliated websites.
SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Attorney's Fees
In addition to any other
remedies provided in law or equity, including specified damages and attorney's
fees, if the Company files suit to enforce any provision of these Terms of
Service and is the substantially prevailing party, it shall be entitled to its
attorney's fees and costs of suit.
Indemnification
You agree to indemnify, defend
and hold harmless the Company, its affiliates, employees, officers, directors,
and agents from and against any and all liability, loss, claims, damages, costs
and/or actions (including attorney's fees) based on or arising from any breach
by you of your obligations under these Terms of Service. We reserve the right
to defend any such claim, and you agree to provide us with such reasonable
cooperation and information as we may request.
Jurisdiction
This agreement between the
Company and its users will be governed and interpreted under the laws of the
state in which the newspaper affiliated with this website is located. In the event that any provision of these
Terms of Service is found to be in conflict with the law, such provision shall
be restated to reflect the original intent, and all other terms and conditions
shall remain in full force and effect.
Severability
If any provision of these Terms
of Service shall be deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of Service and shall
not affect the validity and enforceability of any remaining provisions.
