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Clinton
Daily News.com - Terms of Service
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1.
ACCEPTANCE OF TERMS
Clinton Daily News.COM
provides its service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. In addition, when using particular Clinton Daily News.COM services, you
and Clinton Daily News.COM shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time.
2. DESCRIPTION OF SERVICE
Clinton Daily News.COM
currently provides users with access to a rich collection of on-line
resources, including, various communications tools, online forums,
and other services. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including
the release of new Clinton Daily News.COM properties, shall be subject to the
TOS.
You
understand and agree that the Service is provided "AS-IS" and that
Clinton Daily News.COM assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. In order to use the Service, you must obtain access to
the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including a computer
and modem or other access device.
3.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Service's registration forms (such information
being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or Clinton Daily News.COM has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
Clinton Daily News.COM has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any
portion thereof).
4.
Clinton Daily News.COM PRIVACY POLICY
Registration
Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full
privacy policy.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password
and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality
of your passwords and accounts, and are fully responsible for all
activities that occur under your password or account. You agree
to (a) immediately notify Clinton Daily News.COM of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each
session. Clinton Daily News.COM cannot and will not be liable for
any loss or damage arising from your failure to comply with this
Section 5.
6. MEMBER CONDUCT You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that you, and not Clinton Daily News.COM,
are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service.
Clinton Daily News.COM
does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will Clinton Daily News.COM be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed, transmitted or otherwise made
available via the Service. You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way; c. impersonate any person or entity,
including, but not limited to, a Clinton Daily News.COM official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity; d. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service; e. upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements); f. upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of
any party; g. upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose; h. upload, post, email,
transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; i. disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage
in real time exchanges; j. interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service; k. intentionally or unintentionally violate any
applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law; l. "stalk" or otherwise harass another; or m.
collect or store personal data about other users.
You
acknowledge that Clinton Daily News.COM does not pre-screen Content, but that
Clinton Daily News.COM and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Clinton Daily News.COM and its
designees shall have the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by Clinton Daily News.COM or submitted to Clinton Daily News.COM, including
without limitation information in Clinton Daily News.COM Message Boards, Clinton Daily News.COM
Calendar, and in all other parts of the Service.
You
acknowledge and agree that Clinton Daily News.COM may preserve Content and may
also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Clinton Daily News.COM,
its users and the public. You understand that the technical processing
and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global
nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
8.
PUBLIC CONTENT POSTED TO Clinton Daily News.COM (a) For purposes of the TOS,
"publicly accessible areas of the Service" are those areas of the
Clinton Daily News.COM network of properties accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Clinton Daily News.COM Message Boards or that consists of
photos or other graphics you elect to post to any other publicly
accessible area of the Service, you grant Clinton Daily News.COM the world-wide,
royalty free and non-exclusive license to reproduce, modify, adapt
and publish such Content on the Service solely for the purpose of
displaying, distributing and promoting the specific Clinton Daily News.COM board
to which such Content was submitted, or, in the case of photos or
graphics, solely for the purpose for which such photo or graphic
was submitted to the Service. This license exists only for as long
as you elect to continue to include such Content on the Service
and shall be terminated at the time you delete such Content from
the Service. (c) With respect to all other Content you elect to
post to other publicly accessible areas of the Service, you grant
Clinton Daily News.COM the royalty-free, perpetual, irrevocable, non-exclusive
and fully sublicensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology
now known or later developed.
9.
INDEMNITY
You
agree to indemnify and hold Clinton Daily News.COM, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10.
NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Clinton Daily News.COM may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of days that message board postings or other uploaded
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent
from or received by an account on the Service, and the maximum number
of times (and the maximum duration for which) you may access the
Service in a given period of time.
You
agree that Clinton Daily News.COM has no responsibility or liability for the
deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge
that Clinton Daily News.COM reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Clinton Daily News.COM
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
12.
MODIFICATIONS TO SERVICE Clinton Daily News.COM reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree
that Clinton Daily News.COM shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
13.
TERMINATION You agree that Clinton Daily News.COM, in its sole discretion, may
terminate your password, account (or any part thereof) or use of
the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or
if Clinton Daily News.COM believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Clinton Daily News.COM may also in its
sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice.
You
agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that Clinton Daily News.COM may immediately deactivate
or delete your account and all related information and files in
your account and/or bar any further access to such files or the
Service. Further, you agree that Clinton Daily News.COM shall not be liable to
you or any third-party for any termination of your access to the
Service.
14.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Clinton Daily News.COM
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service. 15. LINKS The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Clinton Daily News.COM has no control
over such sites and resources, you acknowledge and agree that Clinton Daily News.COM
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that Clinton Daily News.COM shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16.
Clinton Daily News.COM'S PROPRIETARY RIGHTS You acknowledge and agree that the
Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by Clinton Daily News.COM or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part. Clinton Daily News.COM grants
you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means
other than through the interface that is provided by Clinton Daily News.COM for
use in accessing the Service.
17.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. Clinton Daily News.COM EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. b. Clinton Daily News.COM MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Clinton Daily News.COM OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT Clinton Daily News.COM SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF Clinton Daily News.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
20.
NOTICE Notices to you may be made via either email The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21.
TRADEMARK INFORMATION
Clinton Daily News.COM,
the Clinton Daily News.COM logo, and other Clinton Daily News.COM logos and product and service
names are trademarks of Flyingwww Design and Internet Consultation.
Without Clinton Daily News.COM's prior permission, you agree not to display or
use in any manner, the Clinton Daily News.COM Marks.
22.
COPYRIGHTS and COPYRIGHT AGENTS
Clinton Daily News.COM
respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, please provide Clinton Daily News.COM
the following information: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim
is infringing is located on the site; your address, telephone number,
and email address; 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; a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
23.
GENERAL INFORMATION
The
TOS constitute the entire agreement between you and Clinton Daily News.COM and
govern your use of the Service, superceding any prior agreements
between you and Clinton Daily News.COM. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and Clinton Daily News.COM shall be governed by the laws of the State
of Oklahoma without regard to its conflict of law provisions. You
and Clinton Daily News.COM agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Custer, Oklahoma. The
failure of Clinton Daily News.COM to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
24.
VIOLATIONS
Please
report any violations of the TOS to abuse.
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