Terms & Conditions
Terms of Use
PLEASE NOTE YOUR ACCEPTANCE OF THE FOLLOWING
AGREEMENT IS THROUGH YOUR USE.
This website (the "Site") is operated by ____________________ [DAN
ADD ALL NAMES OF MEDIA COMPANY]. By using the Site, you agree to be bound by all of the terms,
conditions and notices contained or referenced in these Terms of Use. You should review the Terms of Use
from time to time. Operator may change any of the Terms of Use at any time without notice by posting
revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms
of Use. If you do not accept all of the Terms of Use, you must exit the Site immediately.
No Use by Children
The Site is not directed to, or intended for use by, children (defined as anyone
age twelve
- or younger). Children should not use the Site or submit any information to
Operator. Ages 13 to 18 may only use this Site with adult supervision. Any adult supervising a user
ages 13 to 18 assumes all responsibility and accepts all terms of use for the use by the user ages
13 to 18.
Cost
All of the content on this site is accessible to readers who purchase a
subscription offering. Some of the content is available to registered readers and nonsubscribers who may
see a specified number of articles are pages before they are asked to purchase a subscription offering
to continue viewing requested content. This is also an advertising-supported service; we encourage you
to patronize the advertisers who help make this service possible. For information on concerning
advertisement with us please contact _________________________ [ADD EMAIL FOR ADVERTISMENT]
Registration
Access to most all of the content, services and features on this Site requires users to
register using the form provided. Registration may require you to provide certain personally
identifiable information, such as your name, e-mail address, street address, gender, and date of
birth. If you are under the age of 13, do not register. If you
are ages 14 to 18 do not register unless your parents have given you permission to do so. Our use of
personally identifiable information is governed by the terms of our Privacy
Policy.
You represent that the information you have provided on the form is true,
accurate, current and complete and that you will maintain and promptly update the information to keep it
so. We reserve the right to terminate the registration and deny access to all or a portion of this site
to any person who violates the Terms of Use.
Privacy
You should review the Privacy Statement posted elsewhere at the Site before using the
Site.
Links to Third Party Sites
The Site may contain links to websites operated by third parties. These links do
not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated
into the Site, but are not under Operator's control. Operator is not responsible for the operation
or content of any linked site or subsequent links from that site. The policies that govern the use of a
linked site will differ from these Terms of Use. You should review the policies of a linked site before
making a decision to use that site.
User Submitted Content
By posting or submitting any content or other materials to the Site, including
any audio or video files, classified advertisements or personal information (collectively, "Your
Content"), you affirm, represent and warrant that (1) you own or otherwise control all right, title
and interest in and to Your Content, including the copyright thereto, (2) none of the materials included
in Your Content are defamatory, libelous, obscene or pornographic, and (3) use of Your Content as
provided in these Terms of Use will not violate any legal rights (tangible or intangible) of any third
party. You hereby grant Operator and its designees a worldwide, royalty-free, non-exclusive,
transferable, sublicenseable license (the "License") to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and
prepare derivative works of Your Content in connection with the Site or the conduct of Operator's
business in any formats and through any media channels. Operator may monitor Your Content as it appears
on the Site and may edit or delete Your Content at any time and for any or no reason without your
permission.
Indemnification
You will indemnify, defend, reimburse and hold harmless Operator, and each
parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of
Operator, for, from and against any and all liabilities, claims and expenses of any type or nature,
including costs and attorneys' fees, that arise from the exercise of the License set forth above or
from your use of the Site.
Content Submitted by You ("Submissions")
"Submissions" means all comments, feedback, suggestions, e-mail and
similar information or materials you submit to us including posting comments to blogs, stories, and
community forums, submitting letters to the editor, and submitting manuscripts, articles, photographs,
videos, artwork or other material. In sending the material, you are representing and agreeing
that:
You are the author of the Submission or that you are making the Submission
with the express permission of the author/owner.
The Submission is free from restrictions on publication and does not
infringe or violate any existing copyright or other property right that exists in favor of any other
person or entity.
You are granting us a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works
from, distribute and or display such Submission, in whole or in part, in any manner or medium now known
or hereafter developed.
You automatically waive any claim that any use of such content violates any of
your rights, including privacy rights, publicity rights, moral rights or any other right, including the
right to approve the way we use such content.
You are responsible for the content of all Submissions and acknowledge that
third parties may hold you responsible for content related claims including libel, invasion of privacy,
misappropriation of likeness and disclosure of confidential information.
You shall indemnify, defend and hold us, our parent company and our affiliated
entities (including our officers, directors, owners, agents and employees) harmless from all liability
and costs incurred by those indemnified in connection with any claim arising out of any breach by you of
the above representations and warranties and for any claims related to the content or your
Submissions.
We have the right to disclose any information that we believe necessary
to comply with any law, regulation or governmental request or that information that could prevent or
assist in the resolution of any criminal, illegal, or inappropriate activity.
Online Conduct
We encourage a free and open exchange of ideas in a climate of mutual
respect. We do not control the messages or postings that are sent to the Site but we, or third parties
acting on our behalf, may monitor online conduct to enforce these Terms of Use. We reserve the right in
our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any messages
or postings sent to the Site. Any action by a user that infringes on another user's right to use and
enjoy this Site is prohibited. We reserve the right to suspend or terminate your access to and use of
this Site if, in our view, your conduct fails to meet any of our guidelines. We also reserve the right
to change these terms at any time. It is a condition of your use that you do not:
- Include any information that is false, misleading or inaccurate.
- Use the Site for any unlawful purpose or to transmit any material that
contains a virus.
- Use the Site to encourage others to engage in illegal activities or
activities that could cause injury to persons or property.
- Use the Site to upload, post, e-mail, transmit or otherwise make available
content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other
proprietary rights of any party.
- Use the Site to upload, post, email, transmit or otherwise make
available content that is harmful to minors in any way, or that is harassing, harmful, threatening,
abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise
objectionable.
- Use any portion of the Site for uploading, posting, emailing,
transmitting or otherwise making available junk mail, commercial advertisements, or any other form
of commercial solicitation.
- Attempt to interfere with any other person's use of the Site.
- Misrepresent your identity or impersonate any person.
- Hold yourself out as sponsored by, endorsed by, or affiliated with
us.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or
reverse engineer any software programs used by us or in connection with the Site.
To register a complaint about another user's conduct, please send a message
to our support staff at ________________________________[ADD SUPPORT EMAIL ADDRESS]
Intellectual Property
You acknowledge that all content and materials available at the Site other
than Your Content (collectively, the "Content") are owned or controlled by Operator and
protected by national and international copyrights, trademarks, service marks, patents, patent
registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the
Site and the Content as expressly permitted in these Terms of Use and for no other purpose. You may
download, print or view individual pages at the Site for private, noncommercial use, provided you do not
delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You
may not use the site for any commercial purpose, including but not limited to, sending unsolicited
commercial email or making unsolicited commercial phone calls. Except as authorized by Operator in
writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any
of the Content. The systematic retrieval of any of the Content to create or compile, directly or
indirectly, a collection, compilation, database or directory without the written permission of Operator
is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are
trademarks or service marks and may not be used without Operator's permission. Operator's policy
is to terminate the online privileges of individuals who repeatedly violate the copyrights of
others.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others and require that people
who use the website do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please forward the following information to the Publisher named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed; A
description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is
not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is
accurate and that you are the copyright owner or authorized to act on behalf of the copyright
owner.
__________________, Publisher, [ADD NAME AND ADDRESS OF MEDIA AND CONTACT
INFORMATION]
Disclaimer of Warranties
YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE "SITE MATERIALS"), ARE PROVIDED ON
AN "AS IS/WHERE IS/AS AVAILABLE" BASIS. THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, NON-INFRINGEMENT AND THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
____________________ [name of media] DOES NOT MAKE ANY WARRANTY THAT ANY OF THE
SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS,
DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ________________ [name of media], OR ANY PARENT
COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR,
BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER
BASIS, AND EVEN IF _____________________ [name of media] HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
The inclusion of material on this server does not imply any endorsement
by
____________________[NAME OF MEDIA], which makes no warranty of any kind with
respect to the subject matter of the server materials advertised. A possibility exists that the server
materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized
additions, deletions, and alterations could be made by third parties to the server materials. Although
[NAME OF MEDIA] tries to ensure the integrity and the accurateness of the server materials, it makes no
guarantees about their correctness or accuracy. Before relying on any representation made in any of the
server materials, check with the advertiser of the product or service to ensure that the information you
are relying upon is correct.
International Use
The Site is intended for use by legal U.S. residents residing within the
geographic borders of the United States. If you choose to access the Site from any location other than
the United States, you accept full responsibility for compliance with the laws of the jurisdiction where
the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate
or available for use in locations outside the United States. Accessing the Site or using any of the Site
Materials from any jurisdiction where access or use is illegal is prohibited.
Choice of Law
This Agreement will, for all domestic and international purposes, be
governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the
State of Wyoming, without regard to its conflicts of law provisions. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your
use of the Site will be filed only in the state or federal courts located in Lincoln County, Wyoming and
you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of
litigating any such claim or action.
Integration and Severability
These Terms of Use, along with the Privacy
Statement , constitute the entire agreement between Operator and you with
respect to the Site and supersede all prior or contemporaneous communications and proposals with respect
to the Site. If any provision of these Terms of Use, the Privacy Statement, the Notice and Take Down or
the, if any, are determined to be invalid or unenforceable, all other provisions thereof will remain in
full force and effect.
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Operator
reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any
time and for any or no reason.
Contact Information
Questions concerning these Terms of Use or the Site should be directed to
__________________ [ADD EMAIL
ADDRESS TO SUPPORT]
________________________________________________________
Privacy Policy
DAN SEE BELOW- WILL YOU COLLECT INFORMATION ON SITE?
General
This Site, whether web based, mobile web, or app, (the "Site") is
operated by _____________________ [NAME OF ALL MEDIA] ("Operator"). The following Privacy
Statement (the "Statement") supplements the Terms of Use posted elsewhere within the Site. You should read the Statement and the Terms of Use
before you use the Site. By using the Site, you agree to be bound by all of the terms, conditions and
notices contained or referenced in the Statement. You should review the Statement from time to time.
Operator may change the Statement at any time without notice by posting revisions to the Site. Your
continued use of the Site constitutes your acceptance of the revised Statement. If you do not accept all
of the terms and conditions set forth in the Statement, you must exit the Site immediately.
No Use by Children
The Site is not directed to, nor intended for use by, children (defined as
anyone age twelve (12) or younger). Children should not use the Site nor submit any information to
Operator. Ages 13 to 18 may only use this Site with adult supervision. Any adult supervising a user ages
13 to 18 assumes all responsibility and accepts all terms of use for the use by the user ages 13 to
18.
What Information is May be Collected
There are two general types of information that can be collected as a result
of your use of the Site: (1) Personally Identifiable Information (such as your first and last name, home
or other physical address, telephone number, email address, date of birth, other identifiers that permit
physical or online contact with you, or any information about you collected online and maintained in
personally identifiable form in combination with any of the preceding categories) ("PII"), and
(2) aggregate information (such as your IP address – a number used to identify your computer when you
are on the Internet – the type of browser you are using, or other device specific information).
How Information May be Collected
Operator may collect information both actively and passively. For example,
Operator will collect information about you that you voluntarily provide on the Site. In addition to
information provided directly by you, Operator and third parties with features at the Site may collect
aggregate information through the use of "cookies" or by other electronic means. In general, a
cookie is a small amount of data sent to your browser from a web server and stored on your
computer's hard drive. With most browsers or other software, you can erase cookies from your
computer hard drive, block all cookies, or receive a warning before a cookie is stored. You can refer to
the instructions for your browser to learn more about these functions. If you choose to reject cookies,
the Site likely will not operate as efficiently for you.
Personally Identifiable Information
Certain features available within the Site will require you to submit PII
about yourself as a condition of participation. Some of the features may be offered by Operator, while
others may be offered by third parties. (For example, you may be required to submit PII in order to
enter a contest conducted by Operator, or you may be required to submit PII in order to receive news
updates by email from a third party news source.) In addition, Operator may ask you to provide PII for
purposes unrelated to the use of a feature within the Site. In all cases, you may refuse to provide PII,
but this may result in decreased functionality of the site for you and limit your ability to receive
information about products or services that may be of particular interest to you. In general, the use of
Personal Information you choose to submit to a third party in connection with your use of the Site will
be controlled by the privacy practices of the third party and not this Site or these Terms of
use.
Ownership and Use of Information
Any information collected by operator in connection with your use of the site –
regardless of whether characterized as personally identifiable information or aggregate – will belong
exclusively to ______________________ [media names] and may be used, maintained, updated, disclosed or
sold by operator as desired in its sole discretion. ______________________ [media names ] may choose to
disclose nonpublic personal information about you, the consumer, to a third party for
compensation
Third-Party Advertising and Links to Other Sites
This Site includes third-party advertising. These third parties' websites
and advertisers, or the Internet advertising companies that work on their behalf, may use the technology
to send (or "serve") the advertisements that appear on our Site directly to your browser. They
automatically receive your IP address when this happens. They also automatically receive and record
information from your computer and browser, including your cookie information. They may also use
cookies, Javascript, Pixel Tags and other technologies to deliver advertisements, collect information
about the effectiveness of their advertisements, and to collect anonymous information about your visits
to the Site, such as the number of times you have viewed an ad or to customize the advertising content
you see (but not your name, address, or other Personally Identifiable Information). Operator lets the
companies that show advertisements on the Site set
and access their cookies on your computer. The third parties' use of their
own cookies is subject to their own privacy policies.
Please note that this Site may contains links to other sites that will not
follow the same Privacy Policy as our Site. For instance, clicking on an advertisement or on links or
other elements on the Site may take you to an entirely different site. Links to other sites may use our
Site logo or style as a result of a co-branding agreement. These sites may send their own cookies to you
and may collect data and make use of that data in ways that this Site would not. Once you've left
Operator's Site, this Privacy Policy will no longer apply to Personally Identifiable Information or
any other data collected from or provided by you. You should check the applicable privacy policy to
determine how each third party site will handle such data.
Contact Information
Questions concerning the Statement or the Site, including any request to
review or change your Personal Information, should be directed to ________________________ [ADD SUPPORT
EMAIL]