Date of Last Revision: June 12, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Horvitz Newspapers network of Web sites, which are owned and operated by Northwest Media (Washington), L.P. ("Company”), including the sites located at www.peninsuladailynews.com and www.sequimthisweek.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for advertising, subscriptions or other products or services. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Terms.
Company reserves the right to change or modify any of these Site Terms, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting on the Site. Your continued use of this Site following such posting will constitute your acceptance. You should frequently review the Site Terms from time-to-time for changes and modifications.
If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org.
2. Copyright and Ownership
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, all articles, text, photographs, designs, graphics, pictures, games, data, software, metatags, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the exclusive property of Company and are protected by U.S. and international copyright laws. All elements of the Site, including, but not limited to, the general design and the Materials, are protected by trade dress, moral rights, trademark and other laws relating to intellectual property rights.
You may not copy or re-transmit any portion of the Site or its Materials via any means except as explicitly permitted under this or another agreement with Company. You are authorized to view, play, print, or download documents, audio and video from the Site for your personal, informational and non-commercial use only. You agree not to use the Site or the Materials other than for their intended purpose. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the permission granted herein. You agree to comply with all applicable laws, including without limitation, copyright and trademark laws regarding your use of the Site or the Materials.
You may create a text hyperlink to the Site, provided such link does not portray Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, does not contain User Content that violates these Site Terms, does not use any Company-identifying information that is protected by the Company’s intellectual property rights and does not use framing techniques that contains the foregoing proprietary information. This permission may be revoked by Company at any time.
As a further condition to the permission granted herein, you agree that you will not take any action that imposes, or may impose as determined by Company, any unreasonable large load on the Company’s infrastructure or interferes with the functioning of the site or that bypasses any Company means of restricting access to the Site.
3. User Content
If you post content on the site (User Content), you remain the owner but grant to Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide fully sub-licensable right to use the User Content and to reproduce, modify, publish, create derivative works, distribute and display such content throughout the world in any media, whether now known or hereafter created or developed.
You also grant Company the right to use the name that you submit in connection with the User Content. You represent and warrant that (a) you own and control all of the rights to the User Content (b) you have the right to grant Company the license granted herein, (c) all User Content is original and does not and will not infringe upon or violate the rights of any third party, including without limitation any copyright, trademark, trade secret, or right of privacy or publicity, and (d) the use and posting of the User Content does not violate these Site Terms and will not cause injury to any person or entity.
Furthermore you agree that the User Content will not contain: offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; racial, religious or personal attacks of any kind; promotion of illegal activity; any content that is itself illegal; direct links to or descriptions of goods or services prohibited by these Site Terms; commercial content promoting your commercial interests; untrue, inaccurate, deliberately misleading or libelous material; false information that impersonates any person or entity or otherwise misrepresents your affiliation with such person or entity; executable programming of any kind such as viruses, worms, Trojan horses, spy ware, time bombs, cancel bots, Easter eggs or any other form of computer programming or encrypted content.
The Company reserves the right, at all times, to remove from the Site User Content that violates these Site Terms, or is otherwise inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Company or its users to any harm or liability of any type, as determined by Company within its sole discretion. In addition the Company reserves the right to disable your account, or block access, to prevent you from posting additional User Content to the Site, for any lawful reason.
4. Take-Down Notices
The Company may act as a “services provider” as defined by the Digital Millennium Copyright Act (“DCMA”) in operating the Site. If you believe that any of the Materials or User Content made available by the Site infringes a copyright and you are the copyright holder, you or your designated agent should notify the Company using the notice procedure for claimed infringement under the DCMA. The Company will respond expeditiously to remove or disable access to the materials claimed to be infringing and will follow the DCMA procedure to resolve the alleged infringement claim. Provide all notices under the DCMA to: Publisher, Peninsula Daily News, 305 W. First St., Port Angeles, WA 98362.
5. Third-Party Content
Company may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Company does not monitor or have any control over any Third Party Content or third party Web sites. Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. Company undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
6. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not 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 non-Company advertisers on the Site.
7. Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, materials or other items on the Site (“Interactive Areas”).You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any User Content or content generated by Third Parties that may violate Section 3 of these Site Terms.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you, or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although Company has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice or liability to you.
8. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Company and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE.COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
11. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY YOUR ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.
The Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with by numerous factors outside of the Company’s control. The Company shall not be responsible for damages or delays in performance resulting from such factors.
12. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state or federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your permission to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Questions & Contact Information
Questions or comments about the Site may be directed to Company at the email address email@example.com.