Last Updated: August 2, 2010
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1. Introduction:
(A) Welcome to Phila News Now. This site is provided by Philadelphia News Russian Newspaper, as a service to our customers, please review the following basic rules that govern your use of this site, (the “Agreement”). Please note that your use of this site (the “Site”) constitutes your unconditional Agreement to follow and be bound by the Terms and Conditions herein. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. The Company reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site. If you disagree with these Terms and Conditions then do not use the Site.
2. Legal Statement:
(A) This legal statement contains the Terms and Conditions governing this Site and all sites that affiliate with the Newspaper (including but not limited to “Phila Business Pages” links), which are linked to the Site (collectively, the “Sites”). By using any of these Sites, you expressly accept and agree to abide by all the Terms and Conditions contained in this Legal Statement. Do not use any Sites if you do not accept and agree to these Terms and Conditions. Unless otherwise referenced herein, any reference to the “Newspaper” shall include Phila News Now and all of its affiliates.
(B)The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, and leaving a comment on the Site.
3. Community Guidelines for Website Use:
(A) Phila News Now may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Community Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Community Areas and you use them at your own risk. Any User Content which appears to be an unsolicited bulk message that does not apply to the article, on which it was posted (“Spam”), will be marked and removed. In addition any User Content deemed as inappropriate (later defined) or Spam, by the employees or editors of the Site, will be removed or marked as Spam and then removed. If Spam is in fact posted and marked, the use of the Community Areas by the person of posting will be limited. By submitting User Content to an Community Area, you represent that you are 13 years of age or older, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms and Conditions, submit content, participate on Phila News Now, and fulfill the obligations set forth in these Terms and Conditions, which form a binding contract between you and Phila News Now.
(B) If you submit any User Content or participate in an Community Area within or in connection with Phila News Now, you agree to abide by the following rules of conduct:
(C) You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
(D) You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
(E) You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
(F) You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
(G) You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
(H) You agree not to upload, post or otherwise transmit, without Phila News Now’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
(I) You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Community Area or Article;
(J) You agree not to impersonate any person or entity, including, but not limited to, any Phila News Now employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(K) You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about Phila News Now users or posting private information about a third party;
(L) You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
(M) You agree not to interfere with or disrupt Phila News Now or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(N) You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(O) You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Phila News Now, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Phila News Now;
(P) You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by Phila News Now;
(Q) Any conduct that in Phila News Now’s sole discretion restricts or inhibits anyone else from using or enjoying Phila News Now will not be permitted. Phila News Now reserves the right in its sole discretion to remove or edit User Content by you. Phila News Now is not responsible for User Content submitted to Phila News Now or posted in comments sections, chat rooms, on bulletin boards or on other Community Areas by users of Phila News Now.
(R) By submitting User Content to Phila News Now, you automatically grant Phila News Now the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant Phila News Now the right to pursue at law any person or entity that violates your or Phila News Now’s rights in the User Content by a breach of these Terms and Conditions.
4. Warranty: Limitation of Liability:
(A) You expressly agree that use of Phila News Now is at your sole risk. Neither Phila News Now, its subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Phila News Now will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Phila News Now, or as to the accuracy, reliability, timeliness or content of any information, service, or merchandise provided through Phila News Now.
(b) Phila News Now may offer health, fitness, nutritional and other such information, but such information is designed for educational and informational purposes only. The information contained on Phila News Now does not and is not intended to convey medical advice and does not constitute the practice of medicine. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Phila News Now is not responsible for any actions or inaction on a user’s part based on the information that is presented in Phila News Now.
(c) Neither Phila News Now, its subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors are liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
(d) In no event will Phila News Now, its subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors or any person or entity involved in creating, producing or distributing Phila News Now, be liable for any damages, including, without limitation to, direct, indirect, incidental, special, consequential or punitive damages or errors arising out of the use of or inability to use Phila News Now.
(e) In addition to the terms set forth above neither, Phila News Now, its subsidiaries, its other affiliates, nor any of their respective employees, agents, third party content providers, licensors, information providers or content partners be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Phila News Now, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Phila News Now, its subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers, licensors, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
(F) Phila News Now disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing Phila News Now, you acknowledge and agree to Phila News Now’s disclaimer of any such liability. If you do not agree, you should not access or use Phila News Now.
(G) You understand and agree that you download or otherwise obtain material or data through the use of our THE SITE at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
6. Third Party Content:
(A) Phila News Now is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of Phila News Now, are those of the respective author(s) or distributor(s) and not of Phila News Now. Neither Phila News Now nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
(B) In many instances, the content available through Phila News Now represents the opinions and judgments of the respective user or information provider not under contract with Phila News Now. Phila News Now neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Phila News Now by any third party. Under no circumstances will Phila News Now be liable for any loss or damage caused by your use or reliance on information obtained through Phila News Now. Phila News Now is not responsible for any actions or inaction on your part based on the information that is presented on Phila News Now. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Phila News Now. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
7. Indemnity:
You agree to indemnify and hold Phila News Now, its officers, directors, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your use of our Site, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation in Gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other Members or third parties at Gatherings).
8. Consent to Disclosure:
You acknowledge and agree that Phila News Now may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce the Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of Phila News Now, its employees, users and the public.
9. Trademarks:
(A) Phila News Now, it subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on Phila News Now are the property of their respective owners.
10. Links to Other Sites:
(A) Phila News Now makes no claim or representation, and accepts no responsibility, regarding the quality, nature, legality or reliability of the sites accessible by hyperlinks from this Site, or websites linking to this Site.
11. Advertisements and Promotions:
(A) Phila News Now may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Phila News Now, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Phila News Now is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
12. Termination:
(A) Phila News Now may change, terminate, or suspend these Terms and Conditions at any time without notice to You. It is advised to read these Terms and Conditions, before using the Site in the case that any Terms or Conditions have been changed, terminated, or suspended.
13. Modifications:
(A) We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of the Site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the Site.
14. Jurisdiction:
This website is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Philadelphia, Pennsylvania.
15. Entire Agreement:
(A) This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Phila News Now to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Phila News Now’s rights with respect to such breach or any subsequent breaches.