Terms of Use



Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE These Terms of Use describe the terms and conditions under which you, the user or subscriber, are granted the right to use the websites operated by the Titusville Herald. (“Titusville Herald”) and certain of the Titusville Herald’s subsidiaries, including this website and other digital portals (collectively the “Website” or “Websites.”) USER AGREEMENT BY USING THIS WEBSITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITES. Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. The Titusville Herald may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes. WEBSITE AND CONTENT Website Availability We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability. Registered users/subscribers understand and expressly agree that certain items and features that are part and parcel to the Titusville Herald’ printed product(s), including but not limited to special sections, preprinted flyers and other ancillary materials, may not be a part of our online or digital product(s). Likewise, certain features and functionality of our digital product offerings may not appear in or be part of our printed product(s), at the sole discretion of the publisher, or due to technical limitions. In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site. Copyright All content on the Website is protected by copyright, and owned or controlled by the Titusville Herald, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website. Personal Non-Commercial Use This Website is for your personal and noncommercial use only. You may download or copy the content on this Website for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from the Titusville Herald (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content. Links/Advertisements/Search Engines The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by the Titusville Herald or its affiliates of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites. The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website. Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Website (including “deep linking” to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the Website, (2) no “scraping” of the content by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages and (4) each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below). Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents. Commercial Transactions Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items. No Representations or Warranties The Titusville Herald and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below). USER CREATED CONTENT Submissions You must be at least 13 years old to contribute content to this Website. By submitting any material (text, photos, videos or other content) to the Titusville Herald either through the Website or physical delivery, you agree to be bound by these Terms of Use. Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to the Titusville Herald and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. The Titusville Herald has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content. Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties. You are solely responsible for all content that you post, email or otherwise make available through the Website. For all content provided by you, you agree to indemnify the Titusville Herald and its affiliates as provided in Legal Terms below. Content Submission Rules and Restrictions By submitting any content, you represent and warrant that: (i) you either own the content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (iii) the content will not cause injury, embarrassment or harm to any person or entity. You agree not to submit any content in any forums, chats, emails or otherwise that: is libelous, defamatory, obscene, pornographic, or otherwise illegal; is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.) abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc. infringes any party’s intellectual property rights, including without limitation copyrights and trademarks; impersonates another person or misquotes another person violates any applicable law, or violates any party’s rights; or offers or advertises any goods, or services or solicits any funds or consideration. In addition, you agree not to contact any users of the Website (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Website. You are solely responsible for the content you submit. The Titusville Herald does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in the Titusville Herald’s sole discretion, will be removed from public view to the best of the Titusville Herald ability and as timely as possible. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by the Titusville Herald in its sole discretion. If you disagree with these conditions, do not submit any content. Identity and Privacy You must use a consistent handle or account name for any submissions you make, and you may not submit content under another person’s name. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. “Sock puppets” are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company). We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications. The Titusville Herald does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity. Your login may only be used by one person – a single login shared by multiple people is not permitted. Sharing your username and password is a violation and is cause for termination. For information on our privacy policies regarding personal information gathered on the Website, please see our Privacy Policy link at the bottom of the page. Real-world Meetings The Website may offer some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit content to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability. WEBSITE REGISTRATION/SUBSCRIPTIONS Registration/Subscriptions Some areas of the Website may require registration and/or a subscription in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals. Registered users/subscribers understand and expressly agree that certain items and features that are part and parcel to the Titusville Herald’ printed product(s), included by not limited to special sections, preprinted flyers and other ancillary materials, may not be a part of our online or digital product(s). Likewise, certain feature and functionality of our digital product offerings may not appear in or be part of our printed product(s), at the sole discretion of the publisher, or due to technical limitations. Termination You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause. Termination for cause may include, but is not limited to: Violations of these Terms of Use Violations of other posted rules of conduct Violations of law or intellectual property rights Harassment or belittling conduct toward individuals, companies or other third parties An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation. Failure to provide real, verifiable information about your true identity where requested or instructed Termination of a user’s account may include any of the following actions: A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user,s files, uploads, content, and personally identifiable information. In such a case, neither the Titusville Herald nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data. User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither the Titusville Herald nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data. Users who are terminated are prohibited from creating new accounts without prior written consent of the Titusville Herald. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and the Titusville Herald will determine in its sole discretion whether to reinstate. Users may also appeal account termination by writing to: Webmaster/Online Participation The Titusville Herald 201 North Lehigh Ave Sayre, PA 18840 When applying for a new account, or appealing a termination decision, please include print outs of all relevant data, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that the Titusville Herald will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account. LEGAL TERMS No Representations or Warranties as to Website THE WEBSITE AND ALL CONTENT PROVIDED BY THE Titusville Herald OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN “AS IS” BASIS. THE Titusville Herald AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESEN¬TA¬TIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY THE Titusville Herald AND ITS AFFILIATES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATE¬MENTS BY THE Titusville Herald, ITS AFFILIATES, ITS AGENTS OR OTHERWISE (INCLUD¬ING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTIC¬ULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVER¬RIDDEN, EXCLUDED AND DISCLAIMED. Limitation of Liability UNDER NO CIRCUMSTANCES WILL THE Titusville Herald OR ITS AFFILIATES (OR THEIR DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR LOST PROFITS OR LOST DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. IN ADDITION, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE Titusville Herald AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE Titusville Herald OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Indemnity You agree at your expense to indemnify and hold harmless, the Titusville Herald and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) the Website’s or the Titusville Herald or its affiliates use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and, (d) any violation of these Terms of Use by you (collectively “Claims”). The Titusville Herald reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above. Governing Law and Venue. The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with Pennsylvania law, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts and you hereby waive any objections to such action. Any cause of action you may have with respect to the Website or these Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Severability; Waiver. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Copyright Violations. Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. webmaster@titusvilleherald.com. (Please direct all general questions to webmaster@titusvilleherald.com) CONTACT US General Questions: If you have any questions about these Terms of Use, please contact us in one of the following ways: E-mail us at: webmaster@titusvilleherald.com and insert only the words “Re: Terms of Use” in the subject line header of the email. Write to us at: Webmaster The Titusville Herald. 209 W. Spring Street Titusville, PA 16354 Call us at: 814.827.3634 and ask for the Titusville Herald webmaster Copyright violations E-mail us at: webmaster@titusvilleherald.com and insert only the words “Re: Copyright Violation” in the subject line header of the email.