USER AGREEMENT AND Discussion Guidelines
Please read user agreement (amended as of March 26, 2008) before using this service. By continuing to use NorthCoastNOW.com, you agree to abide by the conditions of this agreement.
NorthCoastNOW.com (TM) SERVICE USER AGREEMENT
Lorain County Printing & Publishing Co. All Rights Reserved.
1. Welcome to NorthCoastNOW.com (“Service”). By using this Service, you agree to be bound by all of the terms of this Agreement and by the Service Discussion Guidelines. The Service is currently free to all users. NorthCoastNOW.com is owned by Lorain County Printing & Publishing Co. (LCPP), which reserves the right to charge for this Service in the future. In such event, we will notify you in advance, and give you an opportunity to subscribe to this Service. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.
2. You represent that you have read and agree to abide by the NorthCoastNOW.com (TM) Service Discussion Guidelines.
3. This Service (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a user is giving NorthCoastNOW.com the right to display such content on the Service and its affiliated publications and to distribute such content and use such content for all purposes.
4. (a) Except for content you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way use or exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: You may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these materials may not be used to construct any kind of database.
(b) NorthCoastNOW.com has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Without limiting the provisions of (4a), neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
(c) Just as NorthCoastNOW.com requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by e-mail . This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site. Any personal information you provide in your e-mail will be used only for purposes related to your e-mail.
5. You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
6. You agree to indemnify and hold harmless NorthCoastNOW.com, LCPP and its parent and affiliates, and their directors, officers, managers, employees, shareholders, agents, successors, asigns and licensors, from and against all losses, expenses, damages, fines, liabilities, claims, actions and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the NorthCoastNOW.com Service Discussion 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.
7. This Service is available “AS IS.” We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.
8. NorthCoastNOW.com, and its parent and afilliates, and their directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
9. This Agreement may be terminated by either party for any reason at any time. Sections three (3), four (4) and six (6) through nine (9) of this Agreement shall survive such termination.
10. This Agreement shall be governed by the laws of the United States and the State of Ohio. Any actions or claims brought pursuant to this Agreement shall be brought in the courts of Lorain County, Ohio, and you specifically consent to the jurisdiction and venue of such courts as being proper for such claims or actions. BY CONTINUING TO USE NorthCoastNOW.com, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
THESE ARE THE SERVICE DISCUSSION GUIDELINES
We welcome your participation in article and blog comment threads, Live Discussions and other discussion forums, where we encourage you to analyze, comment on and even challenge NorthCoastNOW.com’s articles, blogs, reviews and multimedia features. It is our hope that you’ll take the opportunity to interact with leaders in our community, with the journalists, editors and management of Lorain County Moms and with other NorthCoastNOW.com users.
In order to keep these experiences enjoyable and interesting for all of our users, we ask that you follow the rules outlined below. By participating in Live Discussions or Reader Forums, or by submitting comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.
1. You agree that you are fully responsible for the content that you post . You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party and that you will remove the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party’s right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. You will indemnify and hold harmless NorthCoastNOW.com, LCPP, and their affilia, and their directors, officers, managers, employees, shareholders, agents, successors, assigns, licensors, from any and all losses, expenses, damages, fines, liabilities, claims, actions, and costs, including reasonable attorneys’ fees, resulting from any claims brought by any third party relating to content you have posted. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence will not be tolerated. Furthermore, you may not impersonate others.
2. You understand and agree that NorthCoastNOW.com is not responsible for any content posted by third parties . You further understand that, on the unmoderated discussion forums, NorthCoastNOW.com does not monitor the content posted. Nevertheless, NorthCoastNOW.com may monitor the user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent. We further reserve the right, in our sole discretion, to remove a user’s privilege to post content on our site.
3. You understand and agree that the discussion forums are to be used only for non-commercial purposes . You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.
4. The discussion forums are for text only . Use of graphics and audio is not appropriate.
5. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk . NorthCoastNOW.com is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability.
6. For any content that you post, you hereby grant to NorthCoastNOW.com the royalty-free, irrevocable, perpetual, exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, worldwide and to incorporate it in other works, in any form, media or technology now known or later developed.
Last updated April 3, 2009