This Agreement contains the complete terms and conditions that govern the use of the Company’s website at www.norwalkohionews.com ("Website" or "Websites" or "Site"). BY CLICKING THE "I AGREE" BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.norwalkohionews.com/legal. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance thereof.
2. ACCESS TO THIS SITE. To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.
3. APPLICABLE USE OF SITE. You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of Company's Websites, you warrant to Company that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
5. NO UNLAWFUL ACCESS. You agree that you will not use Company's Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party's use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.
6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Company's Websites are for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Company Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company's Websites, in whole or in part.
7. PROPRIETARY INFORMATION. All content found on the Company Websites (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
8. SUBMISSIONS. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this Site (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
9. HYPERLINKING. This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User's own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
10. USE OF COMMUNICATION SERVICES. Company's Websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
(iii) is vulgar, obscene, pornographic, incendiary, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
(xv) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You acknowledge that the Website may or may not pre-screen materials uploaded to the Communication Service, yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.
The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Website will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
12. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
14. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. Company further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
16. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party. All contents of Company's Websites are: [insert applicable copyright notice].
17. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent (Matthew E. Roche) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. Please include the following:
— 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 upon;
— A description of where the material that you claim is infringing is located on the Site, including the current Website address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/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.
Company's Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:
Norwalk Ohio News LLC
Attn: Copyright Agent, Matthew E. Roche
55 Simpson Ave., Norwalk, Ohio 44857
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company's Websites.
D. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
E. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to the Company at norwalkohionews.gmail.com or 419-677-0040. If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org.
If you are a minor (under the age of 18), you can use this service only with the consent, and under the supervision of, your parents or legal guardians. If you are a minor, please do not submit any personal information to this website. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THE SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE AT ANY TIME.
Information We Collect
• Your Registration Information. To fully use our services, you will need to register using our online registration form, where you will be required to provide us with your contact information and certain other personal information, namely, your first and last name, phone number and email address.
• Your Usage of Our Site. We automatically track certain information about you based upon your use of our Site. We use this information to conduct internal research on our users' demographics, interests, and behavior to better understand and serve our users. This information is compiled and analyzed on an aggregate [anonymized/non-anonymized] basis. This information may include the URL that you just came from, which URL you next go to, what browser you are using, and your IP address, among other things.
• Cookies. In addition, we use "cookies" on certain pages of our Site. Cookies are small files that can be used to track a user's steps or automatically generate a user's password. Some features of our Website may only be available through the use of a cookie. Among other things, cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our Site. Most, but not all, cookies are automatically deleted at the end of a session. You may decline our cookies if your browser permits, although your use of the Site may then be restricted (as noted above).
• Your Posts. If you choose to post messages or other content on the Site, we will collect such information about you as you may choose to disclose pursuant to your activities on the Site.
• Your Correspondence. If you send us e-mails, letters or other personal correspondence, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
• Your Credit Account. If you establish a credit account with us, we collect some additional information, including billing address, credit card number, and credit card expiration date and tracking information from checks or money orders.
Our Use of Your Information
• Promotional Use. We use personal information about you to enhance our marketing and promotional efforts, and to improve our content and services. We may also use your information to deliver to you advertisements, new services and promotions, and other information to you that is targeted to your interests. You can avoid receiving some of this information by changing your options on your account status page.
• Administrative Notices, etc. We use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the Site. If you do not wish to receive these communications, you may have the ability to opt out of receiving these notices on your account status page.
• Billing and Support. If you open a credit account with our Website, we use your address and billing information to bill you and provide associated support.
• Dispute Resolution. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems, and enforce our User Agreement.
Our Disclosure to Third Parties
We use practices that are consistent with standards in our industry to protect your privacy. We cannot, however, promise that your personally identifiable information or private communications will remain private. For example, third parties may unlawfully intercept or access transmissions or private communications on our Website. We do not sell or rent any personally identifiable information about you to any third party. The following describes some of the ways that your personally identifiable information may be disclosed. For a more detailed list of ways we disclose information about you, please see the Site’s User Agreement at https://www.norwalkohionews.com/legal
Law Enforcement/Disclosures Required by Law. We may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. We reserve the right at all times to disclose any information about you as necessary to satisfy any applicable law, regulation, legal process, or governmental request. We reserve the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials on the Site. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATION BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
Advertisers. We disclose aggregate information about our users to advertisers and for other marketing and promotional purposes. However, we do not disclose any personally identifying information to any of these entities.
The Site. Throughout the Site, you are identified by your User ID. Unless you select a unique User ID, our system automatically sets your User ID as your e-mail address. In this situation, where you are identified on the Site by your User ID, you disclose your e-mail address to other users and third parties. As a result, other users and third parties might send you unsolicited e-mail and be able to personally identify all of your activities on the Site. Although our pages are coded with robot exclusion headers, others may attempt to automatically collect your e-mail address from our Site. You can change your User ID by selecting the profile icon, selecting "my account" and entering your new User ID in the appropriate box. Even if your User ID is not your e-mail address, your User ID can be used to identify you and your activities throughout the Site. Other people can see your activities on the Site, including any of your comments and postings on the Site, and so on.
Third Party Suppliers. We may use third-party suppliers to assist us in providing the services available on an outside website. Whenever a third-party supplier desires to collect information about you, you will be notified of the involvement of the third-party supplier, and you will never be required to disclose any information to the third-party supplier. We impose contractual restrictions on the use by our third-party suppliers of information concerning you, and we do not permit third party suppliers to sell your information to other third parties.
Use Limited to Site-Related Communications. Because of the nature of the services offered through www.norwalkohionews.com, www.norwalkohionews.com allows you to access other users' contact information. You may use such information only for www.norwalkohionews.com-related communications. www.norwalkohionews.com-related communication expressly excludes unsolicited commercial messages. Therefore, you must not post, upload, link, or otherwise use the Site in any manner for any commercial purpose or endeavor, including the offering for sale of any products or services, or otherwise engage in any commercial activity on the Site for any purpose, including, but not limited to, conducting raffles or contests, displaying sponsorship banners, soliciting goods or services, soliciting funds, advertisers, or sponsors. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure by you to such other user. Note that law enforcement personnel, VeRO program participants, and other rights holders are given different rights with respect to information they access.
No Spam. The Company and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a www.norwalkohionews.com user to your mail list (e-mail or physical mail) without their express consent after adequate disclosure.
Disclosures You Make to Third Parties
The Site may provide links to other Internet sites or resources which are not maintained by or related to the Site. Any links to such third-party sites are provided as a service and convenience to our users, but they are not sponsored by, endorsed by, or otherwise affiliated with this Site. The Site has no control over these linked websites including, but not limited to, the privacy practices of such websites, and the Site makes no representations or warranties to you about the privacy, content, quality, or accuracy of any linked website. Therefore, you acknowledge that the Company and the Site are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to your use of such linked websites, including any loss or damage from any privacy violation or privacy breach that may occur as a result of your use of any linked website or any failures and/or disruption to your computer system that results from your use of any such linked websites.
How We Protect Your Personal Information
The Site uses commercially practicable means to protect your personal information from being improperly accessed by third parties at any time, including without limitation, encryption processes in connection with credit card and other financial information. Additionally, to the extent that we do not foresee a continued use of any such information, we will promptly destroy such information without retaining copies for our files.
What You Can Do about Your Personal Information
At any time, you may submit a written request inquiring about what personal information we have collected about you in order to: (i) edit such information; or (ii) request its deletion. We will timely respond to any such requests and use all commercially practicable efforts to comply with your demands, unless not legally or otherwise permissible. Inquiries and requests can be provided to email@example.com.