Published: April 11, 2017.
These Terms of Service & Use (“Terms”) apply whenever you use a website, mobile app, or other Internet service (“Services”) that links and/or refers to the Terms. These terms are a contract between you and Arbor Lingo Media LLC (“The Lee Daily Register,” “we,” or “us”), and that contract is legally binding. You need to read and understand all of these Terms before you use the Services, because using the Services implies that you understand the Terms and how they apply to you as a user.
Important parts of these Terms include disclaimers of both warranty and liability wherever and whenever those disclaimers apply, which is any time you access or use the Services.
The following sections cover everything you need to know about using the Services.
These Terms are always subject to change at any time at our discretion and without notifying you, the user. You should periodically refer to these Terms when using the Services. Whenever we change the Terms, a new version is uploaded to the website, and can be accessed any time by clicking the “Terms of Service” link that appears near the bottom of the home page. As with any other time, we will deem that you accept the current Terms for any and all time that you use the Services
§2 LEGAL COMPLIANCE & APPLICABLE LAWS
When you use the Services, you agree that you will not use the Services for any unlawful, prohibited, or indecent purpose as determined by the Terms and the laws of the United States of America, the Commonwealth of Virginia, the Commonwealth of Kentucky, the State of Tennessee, any other state or territory comprising the United States of America, and all local laws in the country, state, and/or locality in which you reside and/or access the Services.
The Services are provided to you under these Terms and/or the Terms of the Subscription Agreement, and for your personal, non-commercial use only. You are prohibited forever from using the Services in any other way without our express, written permission. This stipulation includes copying and pasting text and/or saving images. All content appearing in the Services is copyrighted material, and all rights are always reserved unless otherwise stated specifically.
§4 DISCUSSION & SUBMISSION GUIDELINES (COMMENTS, et. al.)
You are allowed to post content and to communicate with other users within the Services. You may use text, images, audio, video, and/or other media materials to do this, however, you agree to be bound by the Discussion Submission Guidelines and the Terms as a whole.
By participating in discussion, comments, and/or any other submission of ideas or material, you give us the right forever to
1. Display such content within the Services as we see fit.
2. Distribute such content to social media outlets.
3. Use such content for commercial, publicity, or non-commercial use electronically and/or in print.
4. You agree that your content is assigned to us royalty-free, and that no fee or any other compensation will be payable to you, your assigns, and heirs forever.
5. You agree to give us worldwide and universal distribution rights to any content you submit while using the Services, and that you will not seek copyright for any such content, and that if any such content is copyrighted by you, you thereby release such copyright to us forever.
6. You agree that we will retain the rights to your submitted content not only within the bounds of media existing today (print, websites, social media, saved media, disks, etc.), but also extending distribution and ownership rights to all media and transmission methods yet to be discovered and/or developed in perpetuity.
Everything appearing in the Services, including user-submitted content of all types, is and shall forever be copyrighted/copyrightable to us, and, as such, shall be protected by the copyright laws of the United States of America, worldwide, and universally. This protection shall extend to any altered or updated versions of such copyright laws now and as devised in the future forever.
If you wish to license or otherwise use copyrighted material, you must submit your request in writing to:
The Lee Daily Register
141 Horse Farm Trl
Jonesville, VA 24263
You may not use copyrighted material until you receive permission in writing, and then only in the method and for the time period expressly described in such written permission.
§6 TRADE & SERVICE MARK RIGHTS
All rights of everything contained within the Services, regardless of whether it is specifically marked with a trademark or copyright symbol, or in fine or large print, or any other method whatever, are retained by us forever. The misuse of the Services or the use of any material or ideas within the Services by you or a third party opens the door to litigation and all necessary steps will be taken to secure the copyrighted material or concepts from you or any third party you may have involved.
§7 PROHIBITED CONDUCT
You may never access or use the Services for any unlawful purpose or to take any action that could be harmful to us or any third party. You may not interfere with the Services in any way. You may not use the Services in any way that would be considered indecent. You may not use the Services to infringe upon the rights of others as laid out in the Terms, the Constitution of the United States of America, the Constitution of Virginia, or the constitution of any other state or territory of the United States of America, or any local laws within the place where you reside and/or access the Services. You may not access or use the Services in any way that would compromise the security of or interfere with the reliable operation of our network or computer systems or those of any company or entity with which we contract. You may not use the Services to harass anyone, ever.
§8 REGISTRATION & SECURITY
You may also be able to login using your Facebook credentials.
You will remain responsible for all activity and usage of your account within the Services. This responsibility includes abiding by the terms of the Subscriber Agreement. Your responsibility also includes activity of any individual who has access to your login information, as well as any statements or uploads of data or materials by your account.
You must be 13 years of age or older to use the Services. Any abusive, unlawful, or fraudulent activity will be grounds for termination of your account at our sole discretion, and we may refer your information for appropriate law enforcement agencies.
§9 CHARGES FOR SERVICES
We may charge for access to certain parts of the Services and/or the Services as a whole. The amount we charge may change from time to time at our sole discretion. In the event of such a change, we will notify you in advance and give you the opportunity to continue or cancel your subscription. You shall pay all applicable taxes related to use of the Services. You recognize that any third-party fees, including but not limited to text messaging and data access rates are your responsibility and are not included in the cost of the Services.
§10 THIRD-PARTY CONTENT & LINKS TO THIRD-PARTY WEBSITES
The Services may contain content and links to third-parties. The Lee Daily Register does not endorse, sponsor, recommend, or accept any responsibility or liability for any third-party material. The Lee Daily Register does not control any third-party content or linked sites, including, but not limited, to the Terms and Privacy Policies of such sites or content.
§11 DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. The Lee Daily Register DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The Lee Daily Register DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY The Lee Daily Register, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY The Lee Daily Register OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
The Lee Daily Register MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND The Lee Daily Register DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
§12 LIMITATION OF LIABILITY
IN NO EVENT WILL The Lee Daily Register OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF The Lee Daily Register HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, The Lee Daily Register’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless The Lee Daily Register and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, including the Discussion and Submission Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
§14 GOVERNING LAW
This Agreement shall be governed by the laws of the United States of America and the Commonwealth of Virginia. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
The Lee Daily Register reserves the right to terminate this agreement for any reason at any time. The Lee Daily Register also reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
Supplemental Terms. In connection with your use of the Services, you may occasionally be asked to consent to additional policies or terms and conditions. In such cases, please be sure to read these supplemental policies and terms carefully BEFORE you use such portions or parts of the Services. Supplemental terms will not replace these Terms unless it is expressly stated.
No Waiver. The failure of The Lee Daily Register to enforce any provisions of the Terms shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms at any time, forever.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Lee Daily Register, its parent, subsidiaries, or components and partners resulting from the Terms or your use of the Services.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and The Lee Daily Register. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect forever.