TERMS OF USE AGREEMENT

Updated on July 25th, 2013

ACCEPTANCE OF AGREEMENT

Please read this Terms of Use Agreement (“Agreement”) carefully before using the content and services on all digital publications including but not limited to Ohio.com (collectively, referred to as the “Website”) of The Akron Beacon Journal and The Beacon Journal Publishing Co., its affiliates and related entities (collectively, “The Beacon Journal Publishing Company”). In this Agreement, the term Website also includes digital publications provided by any mobile applications. By using the Website, you are agreeing that you have read and accept the terms of this Agreement. If you do not agree to the terms of this Agreement, your only option is to discontinue use of the Website. Any use that contradicts the terms of this Agreement is unauthorized. Further, if you reject these terms, you are not authorized to use the Website and, accordingly, please do not use the Website. The term “you” refers to the user, viewer, or person accessing the Website.

ARTICLE I

SCOPE

  • 1.1 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”).
  • 1.2 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.
  • 1.3 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 The Beacon Journal Publishing Company.
  • 1.4 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.

ARTICLE II

SUBMISSIONS

  • 2.1 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.
  • 2.2 The Beacon Journal Publishing Company is a news organization. You acknowledge and agree that all remarks, suggestions, ideas, graphics, or other information communicated by you (collectively, “Submissions”) to the Website, in any form of Content, become the property of The Beacon Journal Publishing Company and may be used in reporting the news.
  • 2.3 You acknowledge and agree that the Website is not required to treat such Submissions as confidential. The Website reserves the right to disclose your personally identifiable information as required by law and when The Beacon Journal Publishing Company believes that disclosure is necessary to protect its rights and/or to comply with judicial proceedings, court orders, or legal process served on The Beacon Journal Publishing Company.
  • 2.4 You acknowledge and agree that the Website is not liable for any ideas, including without limit, product, service, or advertising ideas, communicated by you to the Website and the Website will not incur any liability as a result of any similarities that may appear in future products, services, or operations.
  • 2.5 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 The Beacon Journal Publishing Company 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 the Website.
  • 2.6 You also agree that under no circumstances will The Beacon Journal Publishing Company 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.
  • 2.7 By uploading or otherwise posting Submissions on the Website, you represent and warrant:
    • (a) 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;
    • (b) all information you provide is true, accurate, current and complete, and does not violate the terms of this Agreement; and,
    • (c) the Submissions will not cause injury to any person or entity.
  • 2.8 You acknowledge and agree that all Submissions communicated by you to the Website become the property of The Beacon Journal Publishing Company. Your Submissions may be used in reporting the news or reporting Submissions on the Website or in another media including but not limited to the paper edition of The Akron Beacon Journal. The ability to comment or provide Submissions on some stories may be disabled because the stories are of a sensitive nature.
  • 2.9 Submissions that are considered uncivil or offensive are not welcome, including but not limited to Submissions that are: 1) advertisements for goods, services or products, 2) personal attacks, racist, abusive, or hateful, and 3) flagged as offensive by at least three other users. Any Submissions deemed uncivil or offensive, based on the sole discretion of The Beacon Journal Publishing Company, will be removed.
  • 2.10 Submissions may not contain or provide external links.
  • 2.11 Submissions critical of the journalism on the Website are permitted. However, Submissions critical of the journalists of the Website are not permitted and will be removed.
  • 2.12 The Beacon Journal Publishing Company reserves the right at its sole discretion to remove any Submissions or portions of Submissions.
  • 2.13 If you provide Submissions that are removed from the Website, you may be banned, at the discretion of The Beacon Journal Publishing Company, from providing any future Submissions. If you are banned from providing Submissions on the Website, you are not entitled to a subscription refund for any past charges or for the charges on the current billing period.

ARTICLE III

ONLINE CONDUCT

  • 3.1 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 the Website 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. If you have reason to believe that unauthorized use of your Account is occurring, you should contact The Beacon Journal Publishing Company immediately at [email protected] or call 1-800-777-2442. The Beacon Journal Publishing Company will not be responsible for any loss or damage resulting from your failure to notify us of the unauthorized use.
  • 3.2 You agree not to upload, transmit, distribute or otherwise publish on the Website materials which are:
    • (a) libelous, defamatory, obscene, abusive, pornographic, threatening, harassing, harmful to another individual, or an invasion of privacy;
    • (b) an infringement of the intellectual property rights under Article IV of this Agreement, including, but not limited to, trade secrets, copyrights, and trademarks, of any person or entity;
    • (c) illegal in any way or which advocate illegal activity; or,
    • (d) an advertisement or solicitation of funds, goods, or services.
  • 3.3 As a condition to your use of the Website, you agree not to:
    • (a) frame the Website in any linking arrangement;
    • (b) use any robot, spider, data mining, other automatic device, or manual process to monitor or copy the Website Content;
    • (c) interfere with or disrupt technological measures designed to control access or use of the Website or its Content;
    • (d) 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;
    • (e) take any action that might impose an unreasonable or disproportionately large load on the Website's technical infrastructure;
    • (f) use the Website in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
    • (g) stalk, harass, or harm another individual;
    • (h) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • (i) 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,
    • (j) 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 the Website has not intentionally made available to you on the Website, whether through hacking, password mining, or any other means.

ARTICLE IV

INTELLECTUAL PROPERTY

  • 4.1 As between you and the Website, The Beacon Journal Publishing Company owns the Website. You acknowledge and agree that The Beacon Journal Publishing Company 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.
  • 4.2 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.
  • 4.3 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 The Beacon Journal Publishing Company 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.
  • 4.4 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 The Beacon Journal Publishing Company and may not be copied, imitated, or used, in whole or in part, without the prior written consent of The Beacon Journal Publishing Company.
  • 4.5 You are hereby granted a non-exclusive license to use the Content of the Services to email individual stories directly from this Website for your personal, noncommercial use provided that you maintain all copyright and other notices contained therein. You are also granted a limited license to print a limited number of copies of any Content posted at this Website, but only for your noncommercial, personal use provided that you maintain all copyright and other notices contained therein. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
  • 4.6 Among other things, except to the extent required for the limited purpose of reviewing material on our Website and for uses explicitly authorized herein, electronic reproduction, adaptation, distribution, performance or display is prohibited. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 4.5 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
  • 4.7 Changes to or deletion of author attribution or copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this Website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at 44 E. Exchange St., P.O. Box 640, Akron, OH 44309-0640. You may, however, establish ordinary links to our Website without our written permission.
  • 4.8 You agree to report any copyright violations of the Terms of Use to The Akron Beacon Journal as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Website, please contact us at 44 E. Exchange St., P.O. Box 640, Akron, OH 44309-0640.

ARTICLE V

MATERIAL SUBMITTED BY OTHERS

  • 5.1 You acknowledge and agree that the Website 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, the Website does not control, and is not responsible for, Third Party Communications made available through the Website by users of the Website.
  • 5.2 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.
  • 5.3 You acknowledge that the Website does not pre-screen or approve Submissions or Third Party Communications, but that The Beacon Journal Publishing Company 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. The Beacon Journal Publishing Company reserves the right to delete any Submissions or Third Party Communications, or any portion thereof, at any time, for any reason or no reason.

ARTICLE VI

PRIVACY POLICY AND USE OF INFORMATION

  • 6.1 Your privacy is very important to the Website. To better protect your rights, the Website has provided you with the Website’s Privacy Policy within this Agreement, which may change from time to time, without notice, to explain the Website’s privacy practices.
  • 6.2 The Beacon Journal Publishing Company reserves the right, and you authorize The Beacon Journal Publishing Company, to use and assign all information regarding your use of the Website and all information provided by you (collectively, “Information”) in any manner consistent with the terms of the Website’s Privacy Policy. You acknowledge that The Beacon Journal Publishing Company may receive and store any Information you enter on our Website or provide via other communications (e.g., emails, chat, over the phone, etc.). For example, Information may be collected from you when you place an order, create an account, or ask us a question (e.g., call, email, chat, etc.). The Information collected from you can include, but is not limited to: 1) your name, 2) your company’s name (if applicable), 3) your shipping and billing address, 4) your email address, 5) your phone number, 6) your fax number, 7) your credit card number and other payment Information, and 8) your purchase history Information. The Beacon Journal Publishing Company may track and collect the following electronic Information when you visit our Website or one of our affiliate websites, including but not limited to: 1) your IP address, 2) the domain server, 3) the type of computer used, 4) the type of web browser used, and 5) other traffic Information. The electronic Information is generally anonymous and does not personally identify you, but is helpful for improving the user experience for our Website. Additionally, the Website may utilize “cookies” to customize Content that is specific to your interests or to store your Website password so that you do not need to re-enter Information every time you visit. Any demographic Information (e.g., age, zip code, preferences, etc.) may also be collected by The Beacon Journal Publishing Company from any communications provided by you. The Beacon Journal Publishing Company may disclose aggregated user statistics from any Information in order to describe our Services and their use to potential advertisers, partners, and other third parties and for other lawful purposes.
  • 6.3 As necessary to process your transaction and maintain your account, if you process a credit card transaction through the Website, Information (e.g., your name and credit card number) may be shared with credit issuing entities (e.g., banks) in the financial system that processes the credit card transactions for The Beacon Journal Publishing Company. In addition, you agree that The Beacon Journal Publishing Company may arrange for third-party billing through your network provider and that your network provider may invoice you for the applicable fees or deduct them from your pre-paid balance. If you are not the bill payer for the network being used to access the Website, you will be assumed to have received permission from the bill payer for accessing the Website.
  • 6.4 In order to protect you from potential fraud and/or other misconduct, The Beacon Journal Publishing Company may obtain information about you from third parties to verify Information you provide.
  • 6.5 The Beacon Journal Publishing Company does not knowingly collect or solicit personal Information from children under thirteen (13) years of age. Should The Beacon Journal Publishing Company learn that someone under thirteen (13) years of age has provided any personal Information to The Beacon Journal Publishing Company, The Beacon Journal Publishing Company will remove that Information as soon as possible.
  • 6.6 The Beacon Journal Publishing Company has implemented electronic means of protecting your personal Information. Even though The Beacon Journal Publishing Company has taken steps to ensure that your personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that The Beacon Journal Publishing Company cannot fully eliminate security risks associated with personal Information. The security of your Website account depends on your keeping your account password confidential, and you should not share your account name, password or any other security Information with any unauthorized parties.
  • 6.7 In general, The Beacon Journal Publishing Company will not use personal Information in a manner inconsistent with the manner described in this policy. However, notwithstanding the above policies, The Beacon Journal Publishing Company reserves the right to disclose your personal Information to appropriate third parties if required to do so by law or if such actions are believed to be necessary, including but not limited to the following circumstances: 1) to comply with legal process such as a search warrant, subpoena or court order; 2) to protect the rights and property of The Beacon Journal Publishing Company or any of its affiliates and related entities; 3) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; 4) to protect against misuse or unauthorized use of the Website; and 5) in emergencies, such as when someone’s physical safety is believed to be at risk.

ARTICLE VII

THIRD-PARTY SITES, PRODUCTS, SERVICES

  • 7.1 The Website may contain links, resources, or produce search results that reference links to third party websites (“Third-Party Sites”). The Beacon Journal Publishing Company 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. If you believe that the Website has provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, please contact The Beacon Journal Publishing Company at 44 E. Exchange St., P.O. Box 640, Akron, OH 44309-0640 so that The Beacon Journal Publishing Company, in its sole discretion, may evaluate the Third-Party Site.
  • 7.2 You acknowledge and agree that The Beacon Journal Publishing Company 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. The Website does not endorse the content of any Third-Party Site, nor does the Website warrant that a Third-Party Site will be free of computer viruses or other harmful code that can impact your computer.
  • 7.3 You acknowledge and agree that The Beacon Journal Publishing Company 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.
  • 7.4 The Beacon Journal Publishing Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each Third-Party Website that you visit.

ARTICLEVIII

REVISIONS/CHANGES/MODIFICATIONS

  • 8.1 At any time, The Beacon Journal Publishing Company 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.
  • 8.2 You agree that The Beacon Journal Publishing Company may provide you with notices, including those regarding the Updated Terms, by email, regular mail, or postings on the Website.
  • 8.3 You understand and agree that if you use the Website after the date on which the Agreement has been changed, The Beacon Journal Publishing Company 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.
  • 8.4 You understand that you should check the Agreement regularly for changes.

ARTICLE IX

TERM AND TERMINATION

  • 9.1 The Beacon Journal Publishing Company 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.
  • 9.2 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.

ARTICLE X

DISCLAIMER

  • 10.1 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. THE BEACON JOURNAL PUBLISHING COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • 10.2 IN NO EVENT SHALL THE BEACON JOURNAL PUBLISHING COMPANY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE BEACON JOURNAL PUBLISHING COMPANY’S SERVICES OR THIS AGREEMENT, UNDER ANY LEGAL THEORY, EVEN IF THE BEACON JOURNAL PUBLISHING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. THE BEACON JOURNAL PUBLISHING COMPANY’S LIABILITY TO YOU, UNDER ANY LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE BEACON JOURNAL PUBLISHING COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
  • 10.3 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 The Beacon Journal Publishing Company’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.
  • 10.4 THE BEACON JOURNAL PUBLISHING COMPANY 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
  • 10.5 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, MOBILE DEVICE, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF ANY SUCH MATERIAL FROM THE WEBSITE.

ARTICLE XI

JURISDICTION

  • 11.1 This Website is controlled and operated by The Beacon Journal Publishing Company doing business as The Akron Beacon Journal in Akron, Ohio.
  • 11.2 The Agreement, and your relationship with The Beacon Journal Publishing Company under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and The Beacon Journal Publishing Company agree to submit to the exclusive jurisdiction of the courts located within the State of Ohio and Summit County to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that The Beacon Journal Publishing Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal remedy or relief) in any jurisdiction.
  • 11.3 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 The Beacon Journal Publishing Company concerning your use of the Website.
  • 11.4 The Agreement completely replaces any prior agreements between you and The Beacon Journal Publishing Company in relation to the Website.

ARTICLE XII

MISCELLANEOUS

  • 12.1 You agree to indemnify, defend, and hold harmless The Beacon Journal Publishing Company, 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. The Beacon Journal Publishing Company 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 The Beacon Journal Publishing Company’s defense of such claim.
  • 12.2 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.
  • 12.3 Your rights granted under the Agreement, including without limit, the right to use the Website, are not transferrable or assignable.
  • 12.4 The failure of The Beacon Journal Publishing Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and those rights or provisions will still be available to The Beacon Journal Publishing Company.
  • 12.5 The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  • 12.6 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 The Beacon Journal Publishing Company.
  • 12.7 You agree that The Beacon Journal Publishing Company may assign any and all rights inured to The Beacon Journal Publishing Company by this Agreement to a third-party, at will, at any time, and without prior notice to you.

TERMS OF SERVICE

Updated on June 27th, 2014

ACCEPTANCE OF AGREEMENT

Please read this Terms of Service Agreement (“Agreement”) carefully before using the content and services on the Website. By using the Website (“Services”) you agree to be bound by this Agreement. The term Website refers to all digital publications including but not limited to Ohio.com of the Akron Beacon Journal and the Beacon Journal Publishing Co., its affiliates and related entities (collectively, “The Beacon Journal Publishing Company”). In this Agreement, the term Website also includes digital publications provided by any mobile applications. The term “you” refers to the user, viewer, or person accessing the Website.

ARTICLE I

GENERAL RULES

  • 1.1 These Terms of Service govern your use of the Services on the Website. By registering for Services and/or using Services, you agree to be bound by these Terms of Service in addition to our Terms of Useand Privacy Policy. If you do not agree with any portion of these Terms of Service, your only option is to discontinue use of Services. You may cancel your Services under the terms of Article X regarding termination of service.
  • 1.2 The Beacon Journal Publishing Company may change, suspend, or discontinue any aspect of your use of Services at any time, including the availability of any Services feature, database, or content. The Beacon Journal Publishing Company also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
  • 1.3 The Beacon Journal Publishing Company reserves the right to deny access to the Services to any person who violates these Terms of Service.

ARTICLE II

DISCLAIMER OF WARRANTIES

  • 2.1 ALL WEBSITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE BEACON JOURNAL PUBLISHING COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • 2.2 IN NO EVENT SHALL THE BEACON JOURNAL PUBLISHING COMPANY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR RELIANCE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, UNDER ANY LEGAL THEORY, EVEN IF THE BEACON JOURNAL PUBLISHING COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. LIABILITY OF THE BEACON JOURNAL PUBLISHING COMPANY TO YOU, UNDER ANY LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE BEACON JOURNAL PUBLISHING COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
  • 2.3 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 the liability of The Beacon Journal Publishing Company 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.
  • 2.4 THE BEACON JOURNAL PUBLISHING COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT TO YOU:
    • (A) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, UP-TO-DATE, OR RELIABLE OR
    • (B) THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
  • 2.5 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF ANY SUCH MATERIAL FROM THE WEBSITE.

ARTICLE III

MODIFICATIONS

  • 3.1 At any time, The Beacon Journal Publishing Company 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.
  • 3.2 You agree that The Beacon Journal Publishing Company may provide you with notices, including those regarding the Updated Terms, by email, regular mail, postings on the Website or through some other type of electronic notification.
  • 3.3 You understand and agree that if you use the Website after the date on which the Agreement has been changed, The Beacon Journal Publishing Company 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.
  • 3.4 You understand that you should check the Agreement regularly for changes.

ARTICLE IV

ACCOUNT

ARTICLE V

CONDITIONS OF USE

  • 5.1 The Website is currently made available to you for your personal, non-commercial use. The Beacon Journal Publishing Company reserves the right to amend or withdraw the Services, at any time and for any reason. You will be held legally responsible for any copyright or other infringement which is caused, permitted, facilitated, or encouraged by your failure to abide by the terms of this Agreement and the Terms of Use and Privacy Policy.
  • 5.2 You acknowledge that the terms of agreement with your mobile network provider (“Mobile Provider”) will continue to apply when using the Services. As a result, your mobile provider may charge for use of any mobile features, including but not limited to fees for receipt of text messages or data transmission. In order to receive mobile features from your Mobile Provider, you may be required to subscribe to additional services, which may require additional fees. These fees are not charged by The Beacon Journal Publishing Company, and you should contact your wireless provider before using the Services to determine what fees, if any, will be charged. You acknowledge that you have received permission from the Mobile Provider for using the Services.
  • 5.3 You agree to use the Services only for purposes that are permitted by (a) this Agreement, (b) the Terms of Use and Privacy Policy, and (c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation, and/or use of the Services.

ARTICLE VI

AVAILABILITY

  • 6.1 The Services may be made available on various devices, including but not limited to computers, tablets and smartphones using various operating systems. The Beacon Journal Publishing Company will use reasonable efforts to make the Services available at all times. However you acknowledge the Services are provided over a network service (e.g., the Internet) and mobile networks, and therefore the quality and availability of the Services may be affected by factors outside The Beacon Journal Publishing Company’s reasonable control.
  • 6.2 The Beacon Journal Publishing Company, its affiliates, and sub-contractors do not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result from the Services becoming or remaining unavailable.
  • 6.3 The Beacon Journal Publishing Company will not be responsible for any support or maintenance for the Services.

ARTICLE VII

SYSTEM REQUIREMENTS

  • 7.1 In order to use the Services, you are required to have a compatible mobile device, network access, and the necessary minimum specifications to access the Services.
  • 7.2 You agree that the Website may be automatically upgraded from time to time as necessary to fix issues and/or add support for new functions and services.
  • 7.3 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services. You may not sublicense, assign, or transfer any licenses granted by The Beacon Journal Publishing Company.

ARTICLE VIII

TERMS OF SALE

  • 8.1 You agree to pay the price provided at the time the subscription is placed in addition to any applicable taxes. All prices are in United States dollars. You also agree to the billing period in which such fees and charges are incurred (“Billing Cycle”) for your subscription to Services provided at the time your initial subscription of the Services for The Beacon Journal Publishing Company.
  • 8.2 Only one household may use the Account associated with your Digital Subscription to the Website. The Account may provide Services to Websites accessed by a person or persons within one household.
  • 8.3 Your Digital Subscription to the Services must be verified before your Services can be activated.
  • 8.4 The Beacon Journal Publishing Company accepts major credit cards. The Beacon Journal Publishing Company reserves the right to reject any order or purchase at any time.
  • 8.5 If offered, discount eligibility is determined at the time of acceptance for the order of Services by The Beacon Journal Publishing Company. Discounts cannot be applied retroactively.
  • 8.6 At any time, The Beacon Journal Publishing Company reserves the right to change prices and fees of the Digital Subscription. You will be notified 30 days in advance if the regular rate of Service changes from the price stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription for the Services.
  • 8.7 If a stated price is determined by The Beacon Journal Publishing Company in its sole discretion, to be in error, then The Beacon Journal Publishing Company is not under any obligation to provide you the Service at that price. You will be notified of the error by The Beacon Journal Publishing Company, and The Beacon Journal Publishing Company will give you the opportunity to cancel your order and obtain a refund if payment has already been made.
  • 8.8 When you use your Services, you may incur other additional charges, such as telecommunications fees, data fees, service provider fees, or other Mobile Provider fees described in Article V. You are responsible for paying any additional charges.

ARTICLE IX

FEES

  • 9.1 You shall pay all fees and charges incurred relating to use of the Services through your Account at the rates in effect for the Billing Cycle. Your Billing Cycle will be determined during your initial order of Services. You shall pay any applicable taxes relating to use of the Services through your Account. All fees and charges shall be billed to and paid for by you. You will be required to pay all fees and charges by charge or debit card or any other approved payment method at the beginning of your Billing Cycle. Your Digital Subscription of Services will continue automatically, and billing for all fees and charges will continue to occur at the beginning of your next Billing Cycle unless the Services are terminated in accordance with Article X of this Agreement. You will not be notified in advance of impending renewals.
  • 9.2 If your credit card expires or your payment method is otherwise invalid, your Services will automatically be terminated. You will remain responsible for all charges for the Billing Cycle of your Services. You will be responsible for all costs incurred by The Beacon Journal Publishing Company in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees, and any other associated costs.
  • 9.3 The Beacon Journal Publishing Company reserves the right at any time to modify or add fees for Services. An advance notice of 30 days for any new fees or changes to existing fees will be provided by The Beacon Journal Publishing Company. All new fees, if any, will be posted prominently in appropriate locations for the Service.
  • 9.4 You may cancel your Account only at the end of a Billing Cycle as described in Termination under Article X of this Agreement.
  • 9.5 Occasionally, The Beacon Journal Publishing Company may offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for the related subscription or purchase for an additional Billing Cycle that will begin at the end of the promotional period. The Beacon Journal Publishing Company will not notify you in advance that the promotion period is about to end. To cancel and avoid being charged, you must notify The Beacon Journal Publishing Company before the promotion ends.

ARTICLE X

TERMINATION

  • 10.1 This Agreement relating to use of the Services is effective until terminated. On termination, you must, at the option of The Beacon Journal Publishing Company, return or destroy all copies of the Services and any and all copies of the content contained therein, and any documentation provided by The Beacon Journal Publishing Company and any copies thereof.
  • 10.2 You may terminate your Account for Services at any time by calling 1-800-777-2442. Residual information may remain in our archives and records, but this information may only be used for a commercial purpose by The Beacon Journal Publishing Company. The Beacon Journal Publishing Company reserves the right to maintain information on registered users who have violated our Terms of Service or who have had their access to our services blocked in order to detect repeat offenders.
  • 10.3 In our sole discretion, The Beacon Journal Publishing Company may also automatically terminate your Account for Services upon your failure to comply with any of the limitations described within this Agreement or the Terms of Use and Privacy Policy with or without notice and without further obligation. Also, The Beacon Journal Publishing Company may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach, or assignment of this Agreement or the Terms of Use.
  • 10.4 The termination of Services by either you or The Beacon Journal Publishing Company only cancels future charges associated with your subscription to Services. Additionally, the suspension of Services by The Beacon Journal Publishing Company only cancels future charges associated with your subscription to Services. You may notify us of your intent to cancel at any time, but the termination or suspension of Services will become effective at the end of your current Billing Cycle. Cancellations are effective the following Billing Cycle. You will not receive a refund for the current Billing Cycle. You will continue to have the same access and benefits of the Website for the remainder of your current Billing Cycle.
  • 10.5 The Beacon Journal Publishing Company reserves the right to issue refunds or credits at our sole discretion. If The Beacon Journal Publishing Company issues a refund or credit, The Beacon Journal Publishing Company is under no obligation to issue the same or similar refund in the future.
  • 10.6 If any or all of our Services are temporarily unavailable, The Beacon Journal Publishing Company is not required to provide you with a refund, and any refunds or credits may be issued at the sole discretion of The Beacon Journal Publishing Company.

ARTICLE XI

CHILDREN

  • 11.1 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 the Services with the consent of a parent or legal guardian.

ARTICLE XII

JURISDICTION

  • 12.1 The Services are hosted on servers located in Ohio and are intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to the Services or the Terms of Service, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Ohio and Summit County.