Terms of Service
The service is provided for your personal use only. Users of the service may not reproduce, republish or redistribute material from the web site in any form without written permission of RocCityNews or the original copyright holder.
Accessing the Service, in any manner, constitutes use of the Service such that You agree to use the Service in accordance with these Terms of Service. The party accessing the Service is bound by these Terms of Service.
Use of Website Materials
All materials contained on this Website, including any text, graphics, trademarks, logos, service marks, and trade names, are proprietary to Company, which owns and operates this Website, or its third party affiliates. Applicable trademark and copyright laws protect these materials. Company hereby grants a limited license to users of this Website to display, copy, distribute, and download materials from this Website solely for personal, non-commercial uses of the services provided by this Website. Users are prohibited from displaying, modifying, copying, distributing, publishing, selling, licensing, creating derivative works from, or otherwise using any materials available on or through the Website for any commercial or public purposes without the express written permission of the owner of such materials, either Company or a third party affiliate.
Privacy and Security
In using this Website, you agree to provide accurate, current, and complete information as requested by any forms on the Website.
Third Party Content
Please be aware that as a result of using this Website you could be directed to other websites by links displayed either through this Website or email communications from us. If you click on such links, you may be visiting a website that is not owned or operated by Company and over which Company has no control. For example, if you click on a banner advertisement, the click may take you to the website of a company that is not related to Company and over which Company has no control. This includes links to schools and related organizations like student lenders, scholarship providers, educational advisers, and test preparation companies. These other websites may collect data, solicit personal information, and generate cookies on your computer in a manner different from our website. These other websites may also contain information that you may find inappropriate or offensive. Company shall not be responsible for the content or availability of information found on any website owned by a third party that may be linked to this website or to email communications by a hyperlink, whether such hyperlink is provided by Company or by a third party. By providing access to third party websites or advertisements, Company is not endorsing the products or services provided by the owner or operator of such websites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality, or decency of material contained in third party websites linked to this website. We cannot ensure that you will be satisfied with any products or services you purchase from a third party website or advertising link. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services, and content provided by third parties, including without limitation to third party websites accessible by links from this Website or email communications sent by us.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF SATISFACTORY QUALITY, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, RELIABILITY, AND SYSTEM INTEGRATION. COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE, FUNCTION, OR MATERIALS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT DEFECTS WILL BE CORRECTED; (C) THAT THE SECURITY METHODS EMPLOYED WILL BE REASONABLE UNDER EXISTING INDUSTRY STANDARDS; OR (D) THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH SERVICES, MATERIALS, AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USERS ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE USED TO ACCESS THIS WEBSITE.
You hereby indemnify, defend and hold Company and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO THE USE OF, OR THE INABILITY TO USE, WWW.ROCCITYNEWS.COM OR ITS MATERIALS OR FUNCTIONS.
Changes to Website Use Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, at our discretion. Your use of this Website after any change to these Terms and Conditions constitutes your assent to such change(s).
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. The courts of the State of New York and the federal courts situated in the State of New York shall have exclusive jurisdiction in connection with any action arising out of or relating to these Terms and Conditions or the use of this Website.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.
Copyright on materials contributed to the service is held by the individual creators.
All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the “Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below.
By uploading or otherwise posting any Content on the Site, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not cause injury to any person or entity.
For all such information and material, you grant “the service” its affiliates and related entities, and its affiliated newspapers, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.
No Pre-Screening or Editing
This is a community Site. As such, there are weblogs, forums, photo galleries and other interactive areas where users can express opinions and share ideas and information. “The Service” cannot and does not monitor all of the material posted or transmitted to the Site. Additionally, ”The Service” does not control, and is not responsible for, Content made available through the Site by members.
By using the Site, you may be exposed to Content 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 Site and any of its Content, including but not limited to whether you should rely on said Content.
You also agree that under no circumstances will “the service” or its affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that Provider does not pre-screen or approve Content, but that ‘The Service” shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason. The service reserves the right to delete any posting, message or photograph at any time, for any reason or no reason.
Online behavior, posting rules
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harms minors in any way
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- that purports to be from any person or entity, including but not limited to a Provider employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
- that includes personal or identifying information about another person without that person’s explicit consent.
- that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch”
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas which are not designated for such purposes; or (2) emailed to RocCityNews.com users who have requested not to be contacted about other services, products or commercial interests.
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by New York State law
- 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
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted
- “stalk” or otherwise harass anyone
- collect personal data about other users for commercial or unlawful purposes
- use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to the Service
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure
- attempt to gain unauthorized access to the service’s computer systems or any other user’s computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the service’s websites.
Membership and Registration
By registering as a Member of The Service, you warrant that the information you provide to us, including the personally identifying information, is true and accurate. You accept responsibility for all activities that occur under your account or password, and agree not to sell, transfer or assign your Membership or any Membership rights. We reserve the right to terminate your membership at any time for any reason. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access the service using your name in whole or in part without our permission. If you believe someone has accessed the service using your member name and password without your authorization, e-mail us immediately at firstname.lastname@example.org.