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These Terms of Service disclose the general terms for use
of this web site. We have developed these Terms of Service
to govern your use of this web site (the "Site").
This Site is developed and managed by Belo Interactive, Inc.,
and we, along with our parent corporation, Belo Corp., affiliates,
partners and advertisers, provide content and services to
you subject to the following conditions. Please read them
carefully. These Terms of Service are a binding contract between
you and us regarding your use of this Site. If you use this
Site, you agree to be bound by these Terms of Service.
A. YOUR USE OF THE SITE
1. Membership and Registration. Certain areas
of the Site may require registration or may otherwise ask
you to provide information to participate in certain features
or access certain content. The decision to provide this information
is purely optional, however if you elect not to provide such
information, you may not be able to access certain content
or features or participate in various areas of the Site. When
you register or become a member of the Site or provide information
to us in any other manner, you agree to provide only true,
accurate, current and complete information on all registration
pages. Using a name other than your own legal name is prohibited.
You agree that we may use the information you provide to us
according to the Privacy Policy on the Site.
If you become a member of the Site, you agree to accept responsibility
for all activities that occur under your account or password,
and agree you will not sell, transfer or assign your membership
or any associated rights therein. You are responsible for
maintaining the confidentiality of your password and for restricting
access to your computer so that others may not access the
Site using your name in whole or in part.
2. Other Specifics About Interactive Areas.
The Site's bulletin boards, chat rooms and other such interactive
areas were created to provide users with a forum to express
their opinions and share their ideas and information. Given
the nature of the Site and the volume of messages and postings,
we use reasonable efforts to monitor the Site, yet cannot
and do not monitor all of the material posted or transmitted
by users and third party information providers. To protect
your safety, please use your best judgment when using these
forums. We particularly discourage divulging personal phone
numbers and addresses or other information that can be used
to identify or locate you. We reserve the right to delete,
move or edit any communications at any time, for any reason
or in its discretion, but have no obligation to review or
remove any such content. When using the Site, you are prohibited
from posting material that:
(a) contains offensive, vulgar, profane,
false, abusive, libelous, hateful, defamatory or obscene language;
(b) contains fraudulent, deceptive, or misleading
statements;
(c) violates a copyright or trademark, or
any other intellectual property right of another;
(d) violates the privacy rights of any third
party; or
(e) violates any municipal, state or federal
law, rule, regulation or ordinance, or attempts to encourage
such violation.
This list is not exhaustive. Therefore, we reserve the right
to remove any content posted on the Site and/or terminate
your access to the Site at any time for any reason.
3. Communications with Third Parties Through
the Site. Your dealings or communications through the Site
with any party other than us are solely between you and that
third party. Please review carefully that third party's policies
and practices and make sure you are comfortable with those
policies and practices before you engage in any transaction.
Any complaints, concerns or questions you may have relating
to materials provided by third parties should be forwarded
directly to the third party.
B. INTELLECTUAL PROPERTY
1. Copyright. All of the information, content,
services and software displayed on, transmitted through, or
used in connection with this Site, including for example directories,
guides, news articles, opinions, reviews, text, photographs,
images, illustrations, audio clips, video, html, source and
object code, software, data, and the like (collectively, the
"Content"), as well as its selection and arrangement,
is owned by us, our parent corporation or its affiliated companies,
licensors and suppliers. We actively protect our rights to
the Content to the fullest extent of the law. You may not
use such material except as provided in these Terms of Service.
You may use the Content online and solely for your personal,
non-commercial use, and you may download or print a single
copy of any portion of the Content for your personal, non-commercial
use, provided you do not remove any trademark, copyright or
other notice contained in such Content. No other use is permitted.
You may not, for example, republish the Content on any Internet,
Intranet or Extranet site or incorporate the Content in any
database, compilation, archive or cache. You may not distribute
any of the Content to others, whether or not for payment or
other consideration, and you may not modify, copy, frame,
reproduce, sell, publish, transmit, display or otherwise use
any portion of the Content without our written consent. Requests
to use of the Content for any purpose other than as permitted
in this section should be directed to Chris Kelley, DallasNews.com
editor.
2. Copyright Complaints. Belo has registered
as an agent with the United States Copyright Office in accordance
with the terms of the Digital Millennium Copyright Act (the
"Act") and avails itself of the protections under
the Act. Belo reserves the right to remove any content on
the Site which allegedly infringes another person's copyright.
Notices to Belo regarding any alleged copyright infringement
on the Site should be directed to the contact information
at the end of these Terms of Service.
3. Trademarks. The Content includes logotypes,
trademarks and service marks (collectively "Marks")
owned by us and our affiliates, and Marks owned by other information
providers and third parties. No Marks may be used in any manner
unless approved in writing in advance by us.
4. Links to, and frames of, the Site. If
you operate a Web site and wish to link to this Site, you
may link only to the home page of the Site and not to any
other page or subdomain of us. You may not frame or utilize
framing techniques that involve any Marks, copyrighted material
or other proprietary information (including images, text,
page layout, or form) of any portion of the Site or suggest
any relationship between our Site and you without our express
written consent. In addition, you agree not to decompile,
reverse engineer or disassemble any software or other products
or processes accessible through the Site, not to insert any
code or product or manipulate the content of the Site in any
way that affects the user's experience, and not to use any
data mining, robots, cancelbots, spiders, Trojan horse, or
any data gathering or extraction method in connection with
your use of the Site.
C. YOUR REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials
of any kind submitted by you and/or through your membership
account will (i) violate, plagiarize, or infringe upon the
rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii) contain
libelous or otherwise unlawful material; and (b) that, if
you are providing information to the Site, you are at least
thirteen (13) years old. You hereby agree to indemnify, defend
and hold harmless Belo Interactive, its parent corporation,
affiliate companies, officers, directors, employees, shareholders,
information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") from and
against any and all liability and costs, including, without
limitation, reasonable attorneys' fees, incurred by the Indemnified
Parties in connection with any claim arising out of any breach
by you or any user of your account of these Terms or as reasonably
required in the defense of any such claim. We reserve the
right, at our own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
D. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
While we use reasonable efforts to include accurate and up-to-date
information on the Site, we make no warranties or representations
as to the accuracy of the Content and assume no liability
or responsibility for any error or omission in the Content.
We do not represent or warrant that use of any Content, when
authorized, will not infringe the rights of third parties.
In addition, in some cases, Content available on the Site
may be provided and/or hosted by third parties. We have not
reviewed all of the sites linked to this Site and are not
responsible for the content of any off-site pages or links
to or from any other sites. While we encourage such third
parties to abide by these Terms of Service, we have no responsibility
for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS
AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NEITHER WE, NOR OUR PARENT CORPORATION, ITS AFFILIATED
OR RELATED COMPANIES, OR ANY OF OUR OR THEIR SHAREHOLDERS,
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY,
THE "PARTIES"), MAKE ANY REPRESENTATION OR WARRANTY
OF ANY KIND REGARDING THE SITE, THE CONTENT, DOWNLOADS AVAILABLE
AT THE SITE, ANY ADVERTISING MATERIAL DISPLAYED ON THE SITE,
OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES
OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL
MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR FREE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE
FILES.
WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES
REGARDING THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES
AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT
OF ANY INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES AVAILABLE
ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE PARTIES BE LIABLE FOR: (I) ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING,
WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT
OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY AMOUNT
FOR DIRECT DAMAGES IN EXCESS OF $100. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES
AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES,
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
The Site is controlled, operated and administered by Belo
Interactive from its offices within the United States. We
make no representation that materials or Content available
through the Site are appropriate or available for use outside
the United States and access to them from territories where
their contents are illegal is prohibited. You may not use
the Site or export the Content in violation of U.S. export
laws and regulations. If you access the Site from a location
outside the United States, you are responsible for compliance
with all local laws.
E. MISCELLANEOUS
1. We reserve the right to change these Terms
of Service at any time in our discretion and to notify users
of any such changes solely by changing these Terms of Service.
Your continued use of the Site after the posting of any amended
Terms of Service shall constitute your agreement to be bound
by any such changes. Please note that your use of this Site
prior to the time these Terms of Service was posted will be
governed according to the Terms of Service that applied at
the time of your use, if any.
2. We may modify, suspend, discontinue or
restrict the use of any portion of the Site, including the
availability of any portion of the Content at any time, without
notice or liability, terminate any registration and/or membership
and/or deny access to any person or user at any time for any
reason.
3. These Terms of Service will be governed
by and construed in accordance with the laws of the State
of Texas, without regard to its conflicts of law provisions.
You hereby agree that any cause of action you may have with
respect to the Site must be filed in a federal or state court
located in Dallas, Texas, within two (2) months of the time
in which the events giving rise to such claim began, or you
agree to waive such claim.
4. If for any reason any provision of this
Agreement is found unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect
the intent of the parties as reflected in that provision,
and the remainder of the Agreement shall continue in full
force and effect. Any failure of ours to enforce or exercise
any provision of this Agreement or related right shall not
constitute a waiver of that right or provision.
CONTACT US
If you have any questions or comments regarding these Terms
of Service and/or the Site, please contact Chris Kelley, DallasNews.com
editor.
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