January 11th, 2011
Acceptance of Agreement
- This Agreement governs your use of the Website, any content, including, postings, digital publications, messages, text, files, data, information, images, graphics, photographs, audio clips, sounds, music, videos or other materials and the design and organization of these items (collectively, referred to as the “Content”) that may be available through the Website and any services that may be provided through the Website (“Services”).
- This Agreement authorizes use of the Website only for your own personal, non-commercial purposes. Use of the Website for any public or commercial purpose is not allowed. If you make a copy of any of the Content for personal use, you agree not to remove any copyright and other proprietary notices contained in the original Content.
- You may not copy, reproduce, publish, transmit, sell, license, modify, publicly display, publicly perform, distribute, or otherwise exploit the Website without the prior written consent of Ohio.com.
- The Website is designed and marketed for adult usage or usage with adult supervision. Individuals under eighteen (18) years of age are not authorized or permitted to use the Website without the supervision of their parent or legal guardian.
- The Website offers weblogs, story commenting, photo galleries and other interactive areas where users of the Website can express opinions and share ideas and information.
- Ohio.com is a news organization. You acknowledge and agree that all remarks, suggestions, ideas, graphics, or other information communicated by you (collectively, “Submissions”) to Ohio.com become the property of Ohio.com and may be used in reporting the news.
- You acknowledge and agree that Ohio.com is not required to treat such Submissions as confidential. Ohio.com reserves the right to disclose your personally identifiable information as required by law and when Ohio.com believes that disclosure is necessary to protect its rights and/or to comply with judicial proceedings, court orders, or legal process served on Ohio.com.
- You acknowledge and agree that Ohio.com is not liable for any ideas, including without limit, product, service, or advertising ideas, communicated by you to Ohio.com and Ohio.com will not incur any liability as a result of any similarities that may appear in future products, services, or operations.
- You are entirely responsible for all Content or Submissions that you post, email or otherwise make available through the Website. You agree to indemnify, defend, and hold harmless Ohio.com, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that others may incur as a result of or arising from all Content or Submissions provided by you on this Website.
- You also agree that under no circumstances will Ohio.com be liable in any way for any Submissions or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed, or otherwise made available via the Website.
- By uploading or otherwise posting Submissions on the Website, you represent and warrant:
- you have all necessary rights, including but not limited to copyrights, to the Submissions you provide and the rights to use it as provided in this Agreement;
- all information you provide is true, accurate, current and complete, and does not violate the terms of this Agreement; and,
- the Submissions will not cause injury to any person or entity.
- In certain circumstances, registration may be required in conjunction with the use of sections of or offerings from the Website. You agree that, if registration is requested, you will provide Ohio.com with complete and accurate registration information. You agree to register using your legal name and accurate information and that you are responsible for preventing unauthorized use of the Website.
- You agree not to upload, transmit, distribute or otherwise publish on the Website materials which are:
- libelous, defamatory, obscene, abusive, pornographic, threatening, harassing, harmful to another individual, or an invasion of privacy;
- an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
- illegal in any way or which advocate illegal activity;
- an advertisement or solicitation of funds, goods, or services.
- As a condition to your use of the Website, you agree not to:
- frame the Website in any linking arrangement;
- use any robot, spider, data mining, other automatic device, or manual process to monitor or copy the Website content;
- interfere with or disrupt technological measures designed to control access or use of the Website or its content;
- interfere or attempt to interfere with the proper operation of the Website and its activities including, transmission of viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programs or scripts that are intended to damage, detrimentally interfere with, intercept, or extract any system, data or personal information;
- take any action that might impose an unreasonable or disproportionately large load on the Website's technical infrastructure;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other user’s access to or use of the Website, servers or networks connected to the Website; or,
- attempt to gain unauthorized access to any materials, information, or portion of the Website or any other accounts, computer systems, or networks connected to the Website that Ohio.com has not intentionally made available to you on the Website whether through hacking, password mining, or any other means;
- As between you and Ohio.com, Ohio.com owns the Website. You acknowledge and agree that Ohio.com owns all legal right, title and interest in and to the Website, including any intellectual property rights which subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- You acknowledge and agree that the Website is protected under United States copyright, trademark and other intellectual property laws. Any unauthorized use of the Website in whole or in part may violate copyright, trademark, and other laws.
- For any Submissions or Content you place on the Website such as postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials, you grant Ohio.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from those Submissions or Content in any form or media.
- You agree that the design elements of the Website (including all page headers, custom graphics, button icons, and scripts) are a service mark, trademark, and/or trade dress of Ohio.com and may not be copied, imitated, or used (in whole or in part) without the prior written consent of Ohio.com.
Material Submitted by Others
- You acknowledge and agree that Ohio.com cannot and does not monitor all of the remarks, suggestions, ideas, graphics, or other information communicated, posted, or transmitted to the Website by others (“Third Party Communications”). Additionally, Ohio.com does not control, and is not responsible for, Third Party Communications made available through the Website by users of the Website.
- By using the Website, you may be exposed to Third Party Communications that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Website and its Contents, including but not limited to whether you should rely on any Content contained within any Third Party Communications.
- You acknowledge that Ohio.com does not pre-screen or approve Submissions or Third Party Communications, but that Ohio.com shall have the right (but not the obligation) in its sole discretion to refuse, delete, or remove any Submissions or Third Party Communications on the Website, for violating the letter or spirit of this Agreement or for any other reason. Ohio.com reserves the right to delete any Submissions or Third Party Communications, or any portion thereof, at any time, for any reason or no reason.
Privacy/Use of Information
- Ohio.com does not knowingly collect or solicit personal information from children under thirteen (13) years of age.Should Ohio.com learn that someone under thirteen (13) years of age has provided any personal information to Ohio.com or on the Website, Ohio.com will remove that information as soon as possible.
Third-party Sites, Products, Services
- The Website may contain links, resources, or produce search results that reference links to third party websites (“Third-Party Sites”). Ohio.com may have no control over, and assumes no responsibility for any websites or resources that are provided by Third-Party Sites, or the content, privacy policies, or practices of any of these third-Party Sites.
- You acknowledge and agree that Ohio.com is not responsible for the availability of any Third-Party Sites, and does not endorse any advertising, products or other materials on or available from Third-Party Sites. Ohio.com does not endorse the content of any Third-Party Site, nor does Ohio.com warrant that a Third-Party Site will be free of computer viruses or other harmful code that can impact your computer.
- You acknowledge and agree that Ohio.com is not liable for any loss or damage which may be incurred by you as a result of the availability of the Third-Party Sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third-Party Sites.
- At any time, Ohio.com may make changes, modifications, alterations, or updates to the Agreement (“Updated Terms”). When these changes are made, an updated version of the Agreement will be posted on the Website or otherwise made available to you as provided in the Agreement.
- You agree that Ohio.com may provide you with notices, including those regarding the Updated Terms, by email, regular mail, or postings on the Website.
- You understand and agree that if you use the Website after the date on which the Agreement has been changed, Ohio.com will treat your use of the Website as acceptance of the Agreement and the Updated Terms. If you object to any such changes, your sole recourse shall be to cease using the Website.
- You understand that you should check the Agreement regularly for changes.
Term and Termination
- Ohio.com may, in its sole discretion, terminate or suspend your access to all or part of the Website, including, but not limited to, any bulletin boards on the Website, for any reason, including without limitation, breach of this Agreement.
- In the event this agreement is terminated, the restrictions regarding Content appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.
- THE WEBSITE AND ALL CONTENT THEREOF AND ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OHIO.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IN NO EVENT SHALL OHIO.COM BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH the Website, Ohio.com’s SERVICES OR THIS AGREEMENT, UNDER ANY LEGAL THEORY, EVEN IF OHIO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. OHIO.COM’S LIABILITY TO YOU, UNDER ANY LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO OHIO.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
- Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, the above limitation or exclusion may not apply to you and Ohio.com’s liability will be limited to the maximum extent permitted by law. Nothing in the Agreement shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually waive.
- OHIO.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT TO YOU:
- (A) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE, up-to-date, OR RELIABLE OR
- (B) THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
- (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- This web site is controlled and operated by the Beacon Journal Publishing Co. doing business as Ohio.com in Akron, Ohio.
- The Agreement, and your relationship with Ohio.com under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and Ohio.com agree to submit to the exclusive jurisdiction of the courts located within the State of Ohio to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Ohio.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal remedy or relief) in any jurisdiction.
- If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.This contains the entire agreement between you and Ohio.com concerning your use of the Website.
- The Agreement completely replaces any prior agreements between you and Ohio.com in relation to the Website.
- You agree to indemnify, defend, and hold harmless Ohio.com, as well as its successors, assigns, parents, subsidiaries, affiliated and related corporations, shareholders, members, officers, directors, agents, attorneys and employees, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of the terms of this Agreement. Ohio.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Ohio.com’s defense of such claim.
- Sometimes when you use the Website or the Services, you may (as a result of, or through your use of the Website or the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Agreement does not affect your legal relationship with these other companies or individuals.
- Your rights granted under the Agreement, including without limit, the right to use the Website, is not transferrable or assignable.
- The failure of Ohio.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- This Agreement shall remain in full force and effect notwithstanding any termination of your use of the Website. The Agreement will be interpreted without application of any strict construction in favor of or against you or Ohio.com.