Terms of Use - The Arkansas City Traveler : Site

April 27, 2015
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Terms of Use

Terms of Service

Welcome

Welcome to arkcity.net, a news, information and communication service available on the Internet's World Wide Web. The service combines much of The Arkansas City Traveler newspaper with additional material available exclusively on arkcity.net. Both The Arkansas City Traveler and arkcity.net are affiliates of The Winfield Publishing Company.

1. Your agreement with arkcity.net

You understand and agree that, by visiting arkcity.net and its affiliated sites, you are accepting, without modification, these Terms of Service. If you do not agree with any portion of these Terms of Service, your only option is to discontinue use of arkcity.net. In agreeing with these Terms of Service, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18) then you may only use arkcity.net with the consent of a parent or legal guardian.

These Terms of Service include arkcity.net’s Privacy Policy, located here: Kansas.com Privacy Policy, and Terms of Use, which are incorporated into these Terms of Service by reference and together with the Terms of Service governs your visit to arkcity.net. The Privacy Policy explains arkcity.net’s position on information gathering and how it intends to use and share any information it collects. Read the Privacy Policy carefully as you are agreeing to it when you agree to these Terms of Service.

2. Revisions to Terms of Service

These Terms of Service are subject to revision from time to time by arkcity.net and your continued use of arkcity.net means you agree to, without modification, the revised Terms of Service. You can review revisions to these Terms of Service by regularly checking this page. It is your responsibility to remain apprised of any revisions to these Terms of Service and to remain in compliance therewith. Should you object to any such revisions to these Terms of Service or become dissatisfied with arkcity.net in any way, your only recourse is to discontinue use of arkcity.net. Otherwise, continuing to use the membership service and continuing to visit arkcity.net after the effective date means that you agree to be bound by any and all revisions.

3. Cost

From time to time, and at arkcity.net’s sole discretion, there may be certain content available via subscription or surcharge, and such content will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible. Note that currently most news articles remain available for 12 days in the pages of arkcity.net. The Arkansas City Traveler’s electronic archives may carry a fee per full-text article downloaded.

4. Registration

Access to some or all of the content, services and features on arkcity.net may require users to register and become members of arkciy.net. In most cases, a print subscription is not necessary to become a member; however access to certain special content, offers, services and features on arkcity.net may require users to both subscribe to The Arkansas City Traveler and to register and become members of arkcity.net. If you are a member of arkcity.net, you accept responsibility for all activities that occur under your account whether or not you expressly authorize such activities. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access arkcity.net using your username or account in whole or in part. arkcity.net may terminate membership and deny access to arkcity.net to any person for any reason in its sole discretion. You will not compromise, or attempt to compromise, the security of your account. Additionally and without limiting the generality of the preceding sentence, arkcity.net may terminate membership and deny access to arkcity.net to any person who, in arkcity.net's sole discretion, violates these Terms of Service. Such termination or denial of access shall be in addition to any remedies available to The Arkansas City Traveler and arkcity.net in law and equity.

5. Terms of Use

The Winfield Publishing Company sites (the “Sites”) contain material that is protected by copyright, trademark and other intellectual property laws. Unless otherwise specified, the Sites and all content on the Sites are intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Sites except as provided in this Terms of Service. You may download material from the Sites and may use the Sites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not republish any content from the Sites, distribute any content to others, modify, sell or otherwise use the content or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Sites. Your license to use the Sites is contingent upon your compliance with these Terms of Service.

You agree to use the Sites in accordance with these Terms of Service. Accessing the Sites, in any manner, for the purpose of obtaining information, technical or otherwise, constitutes use of the Sites such that these Terms of Service bind the party accessing the Sites. The Arkansas City Traveler, arkcity.net or any Winfield Publishing Company affiliates may need to change these Terms of Service or impose new conditions on use of the Sites, from time to time, in which case we will post the revised Terms of Service on the Sites. By continuing to use the Sites after we post any such changes, you accept the Terms of Service, as modified.

You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your site by The Arkansas City Traveler, arkcity.net or any Winfield Publishing Company affiliate. However, you may not, without the prior written permission of The Arkansas City Traveler, arkcity.net or Winfield Publishing Company affiliates, frame any of the content of the Sites, or incorporate into another website any material from the Sites.

6. Member-submitted content

Members and other users of arkcity.net may be able, as dictated by the functionality of arkcity.net, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on arkcity.net ("Member Content"). You are solely responsible for Member Content that you submit, and arkcity.net acts as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines below. Without limiting any of its rights in law and equity, arkcity.net reserves the right to remove any Member Content for any reason in its sole discretion including any Member Content that it believes may violate these Terms of Service, or any copyright or third-party rights.

By submitting or otherwise making available any Member Content to arkcity.net, you automatically grant The Arkansas City Traveler and arkcity.net a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of arkcity.net (collectively, "use"), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way arkcity.net uses such content. You also grant The Arkansas City Traveler and arkcity.net the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to arkcity.net or to The Arkansas City Traveler for any purpose whatsoever, including, without limitation, commercial purposes. By submitting Member Content, you automatically warrant and represent to The Arkansas City Traveler and arkcity.net that you are the owner of all intellectual property rights in and to the Member Content or that you otherwise have all sufficient rights to grant the license above. By submitting Member Content, you further warrant and represent that the Member Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.

7. Content Feeds

7.1. License Grant for Content Feeds arkcity.net offers or may offer content feeds, consisting of a selection of headlines, summaries, text blurbs, and links to full stories, which are delivered using Really Simple Syndication ("RSS") technology, other XML (extensible Markup Language) technology, or other syndication technology ("Content Feed(s)"). Subject to these Terms of Service, and to the extent that arkcity.net elects to offer Content Feeds(s), arkcity.net grants you a revocable, nontransferable, non-sublicensable, royalty-free, nonexclusive license to display the Content Feeds on your personal Web site or blog ("Site"). For purposes of these Terms of Service, "Content Feed(s)" includes the Content included therein, or any portion thereof. The foregoing license expressly excludes content from arkcity.net not included in the Content Feed(s); by way of example only, if the Content Feed(s) include only the headline and first paragraph of a story on arkcity.net, the foregoing license does not give you the right to display the entire story on your Site.

7. 2. Reservation of Rights Except as expressly set forth in Section 7.1, and/or unless otherwise consented to in writing by arkcity.net you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Content Feed(s); (b) delete or fail to display any promotional taglines included in the Content Feed(s); or (c) rent, lease, or otherwise transfer rights to any Content Feeds.

7. 3. Further Restrictions; No Modification. Unless otherwise consented to in writing by arkcity.net you will: (a) display the Content Feed on your Site in the exact form received by you, and not modify or edit it; (b) ensure that the fundamental meaning of the Content Feed is not changed or distorted; (c) comply with all applicable laws and all limitations and restrictions (if any) placed by arkcity.net on the use, display or distribution of any Content Feed. You will not (s) archive any Content Feeds for access by users at any future date after the Content Feed has been removed from your Site; (t) display the name, logo, trademark or other identifier of another person on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of arkcity.net; (u) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line, date-line or other mark or source identifier included on the Content Feed(s), including without limitation, the size, color, location or style of arkcity.net’s marks; (v) make any representation or warranty on behalf of arkcity.net; (w) incorporate any Content Feeds on any site containing nudity or pornographic material, that displays material that exploits children under the age of 18, that promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or that uses the arkcity.net in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading; (x) display the Content Feed in a manner that does not allow for successful linking and redirection to, and delivery of, arkcity.net's page; (y) frame any arkcity.net’s page; or (z) fail to stipulate that the Content Feed is supplied by arkcity.net and is protected by copyright and owned by The Arkansas City Traveler an affiliate of the The Winfield Publishing Company.

7. 4. Warranty If you use the Content Feed services, you warrant that your Site does not infringe the intellectual property of any third parties. You further warrant that your Site violates no applicable law.

8. Digital Millennium Copyright Act ("DMCA")

arkcity.net respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, arkcity.net will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers.

9. Online conduct

arkcity.net encourages a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user's right to use and enjoy arkcity.net is prohibited. arkcity.net reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Service. Specifically, you may not do (or attempt to do) any of the following:

    1.    Provide any information that is false, misleading or inaccurate.

    2.    Use any portion of arkcity.net for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.

    3.    Use any portion of arkcity.net for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

    4.    Use any portion of arkcity.net for uploading, posting, e-mailing, transmitting or otherwise making available Member Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

    5.    Use any portion of arkcity.net for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.

    6.    Interfere with any other person's use of or the proper functioning of arkcity.net.

    7.    Misrepresent your identity or impersonate any person.

    8.    Hold yourself out as sponsored by, endorsed by, or affiliated with The Arkansas City Traveler, arkcity.net or The Winfield Publishing Company.

    9.    Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Arkansas City Traveler or arkcity.net in connection with arkcity.net.

    10.    Use or launch any automated means including spiders, robots, crawlers, scrapers and the like, to download or copy data or content from arkcity.net.

    11.    Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (i) disrupt, damage, or limit the functioning of Kansas.com, any software, hardware, or telecommunications equipment used in connection therewith; or (ii) damage or obtain unauthorized access to any data or other information of any third party.

    12.    Take any action that: (i) imposes or may impose, in arkcity.net's sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of arkcity.net; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of arkcity.net.

10. Disclaimer and Limitation of Liability

10.1. Disclaimer

While arkcitty.net strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does arkcity.net warrant or guarantee that any files available for downloading will be free of defects. Neither The Winfield Publishing Company nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in arkcity.net.

The content, services, and features of arkcity.net are subject to change without notice. The inclusion of any content, services, and features on arkcity.net at a particular time does not imply or warrant that these products or services will be available at any time.

While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of arkcity.net and the accuracy and completeness of any information is with you.

Opinions, advice and all other information expressed on arkcity.net forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual's own views and are not necessarily those of arkcity.net. Arkcity.net does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized arkcity.net spokespersons.

Any investment decisions or other actions that users take based on information available on arkcity.net should first be reviewed by a competent financial adviser or other professional. THE arkcity.net SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).

10.2. Limitation of Liability

In no event will arkcity.net, The Arkansas City Traveler, or the Winfield Publishing Company or affiliates be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use arkcity.net, or any information or services provided on arkcity.net, even if Kansas.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on arkcity.net. IN NO EVENT WILL arkcity.net, THE ARKANSAS CITY TRAVELER OR THE WINFIELD PUBLISHING COMPANY OR ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnity

You will defend, indemnify, and hold harmless arkcity.net, The Arkansas City Traveler and The Winfield Publishing Company and its affiliates from: (i) your use of and access of arkcity.net; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. This defense and indemnification obligation will survive the term and your use of arkcity.net.

12. Miscellaneous

12.1. Termination

We may terminate these Terms of Service, your account, or your access to arkcity.net at any time with or without notice to you. You may terminate these Terms of Service or your account by: (a) discontinuing your use of arkcity.net and (b) destroying and removing all copies of Content from your Site (if any) and that is otherwise in your possession and control.

12.2. Jurisdiction

This agreement between arkcity.net and its users will be governed and interpreted under the laws of the state of KS. Courts located in Cowley County, KS have jurisdiction in any dispute arising from these Terms of Service.

In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

12.3. Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms of Service or arkcity.net, excluding legal action taken by The Arkansas City Traveler to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cowley County, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

12.4. Severability

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

12.5. Complete Agreement

These Terms of Service represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.

12.6. Force Majeure

Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.

12.7. Void Where Prohibited by Law

These Terms of Service are void where prohibited by law, and the right to access arkcity.net is revoked in such jurisdictions.

12.8. Independent Contractors

The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.

13. Offices

The Arkansas City Traveler, 200 East Fifth Avenue, Arkansas City, KS 67005, 620-442-4200.

14. Questions and comments about arkcity.net

We hope you enjoy using arkcity.net. Questions and comments about the content of arkcity.net may be sent by e-mail to online@arkcity.net. We try to read all comments sent to us and try to respond to as many as possible. Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. arkcity.net cannot address questions except those specifically about content and services we provide.

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