The following Terms of Service govern your use of the Webster-Kirkwood Times, Inc. website (hereinafter "Site").
To access certain interactive areas of the Site you will be required to register with The Times. By registering, you accept responsibility for all activities that occur under your username and/or password, and agree not to sell, transfer, or assign your Membership or any of your Membership rights. You further agree not to allow any other person or entity to use your username and/or password in any way, and hereby agree to assume any and all liability arising from such use. The Times reserves the right to terminate your Membership at any time, at its sole discretion, or to deny registration to any person, at any time. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer such that others may not access or use the Site using your username, in any format. In the event you believe someone has accessed the Site using your username and password without your authorization, you must notify The Times immediately of such use. Multiple user accounts from a single email address will not be permitted.
All content that appears on or in connection with the use of the Site, including, but not limited to, news articles, reviews, text, photographs, images, html, source code, trademarks, and any other multimedia or other content (hereinafter "Content"), is owned exclusively by The Times and its affiliated companies, licensors, and suppliers. You agree not to copy, distribute, modify, display, or use any of the aforementioned content in any way that is inconsistent with the lawful ownership of such content by The Times and/or its affiliated companies, licensors, and suppliers. Specifically, you should provide a link to content on our site rather than posting content on your site which you have copied from our site. Copying and reposting of such content will be considered a copyright infringement.
The Times does not accept unsolicited Content. Should you, however, provide The Times with any such unsolicited Content, you do so with the understanding that The Times is not liable for the similarity of its Content to any of the unsolicited ideas or Content you may have provided, and you hereby waived any and all claims or causes of action against The Times for the similarity of its Content to unsolicited Content you may have provided.
3. USER-PROVIDED CONTENT
In the event that you post, contribute, comment, or make available to any other user of the Site any Content, regardless of its ownership, you hereby represent and warrant that you have or possess the necessary rights or licenses to make such Content available. By making such Content available, you hereby grant an irrevocable, perpetual, royalty free, non-exclusive license to The Times and its affiliated companies, licensors, and suppliers, to copy, distribute, display, modify, delete, or otherwise use such Content in any manner whatsoever, including making such Content available to other websites for the purpose of including the information in a searchable format accessible by any and all persons or entities. By making such Content available you further agree to allow The Times and its affiliated companies, licensors, and suppliers to use your name in connection with said Content in any manner whatsoever, at its discretion, and agree to use your own legal name in connection with each and every use of the Site, except where explicitly permitted to use a fictitious name (i.e. chatrooms, bulletin boards).
4. INTERACTIVE AREAS
The Times bulletin boards, chatrooms, comment sections, and any other interactive areas of the Site are provided to encourage the meaningful discussion, communication, and expression of opinion regarding current events and other topics of general interest. Given the volume of user-provided Content, The Times and its affiliated companies, licensors, and suppliers cannot successfully monitor all such Content and specifically does not screen posted content in advance of its posting on our website. You hereby agree to use your best judgment in protecting yourself from objectionable content and hold The Times and its affiliated companies, licensors, and suppliers harmless for any damages or harm arising out of your use of the Site. Without limiting the generality of the foregoing, The Times reserves the right to modify, alter, move, or delete any Content, at its sole discretion, for any reason, including, but not limited to, the defamatory, objectionable, discriminatory, or unlawful character of the Content.
While The Times is dedicated to promoting the exercise of the free speech of all persons, it is necessary for The Times to control Content it deems objectionable in its sole discretion. The following is a non-exhaustive list of Content that The Times will alter, modify, or remove:
• Content that includes vulgar, profane, obscene, racist, or other hateful meaning or expression, or is in any way considered to be in poor taste; and
• Content that is defamatory, disparaging, false, misleading, fraudulent, threatening, or in any way violates the privacy and security of any person; and
• Content that discriminates on the basis of race, religion, national origin, gender, age, marital status, sexual orientation, or disability; and
• Content that violates, or encourages the violation of, any federal, state, or local law, regulation, ordinance, or treaty; and
• Content that infringes on any copyright, trade or service mark, patent, or any other intellectual property right; and
• Content that causes disruption of, or damage to, the property of other users, or to the property of The Times and its affiliated companies, licensors, and suppliers, through the use of any virus, malware, spyware, adware, or any other form of malicious or unauthorized file or code, now known, or hereinafter developed; and
• Content that harasses, threatens, maligns, or disrupts another's use of the Site; and
• Content that is used to stalk, threaten, or endanger any other person; and
• Any other Content that The Times deems objectionable in its sole discretion.
5. THIRD PARTY COMMUNICATIONS
Your dealings or communications through the Site with any party other than The Times are solely between you and that third party. Please review carefully that third party's 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.
6. LIMITATION OF LIABILITY
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" BASIS. NEITHER THE TIMES, NOR ITS AFFILIATED COMPANIES, LICENSORS, OR SUPPLIERS, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, OR ANY OTHER MATERIAL OR INFORMATION AVAILABLE ON THE SITE.
WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE OR THE CONTENT, SERVICES, OR PRODUCTS PROVIDED THROUGH, OR IN CONNECTIONS WITH THE SITE, WHICH SHALL INCLUDE, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE. WE ALSO SPECIFICALLY DO NOT GUARANTEE TO KEEP CONFIDENTIAL YOUR NAME OR OTHER PERSONAL INFORMATION PROVIDED WITH YOUR REGISTRATION ON OUR SITE, INCLUDING PROTECTING IT FROM SUBPOENA FROM A COURT ORDERING US TO REVEAL THIS INFORMATION TO A THIRD PARTY.
BY USING THIS SITE, YOU ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, AND/OR SUCCESSORS IN INTEREST HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TIMES AND ITS AFFILIATED COMPANIES, SUPPLIERS, AND LICENSORS, FROM ANY AND ALL DAMAGES, LIABILITY, AND COSTS RELATED TO, ARISING FROM, OR CONNECTED WITH YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, AND ANY AND ALL REASONABLE ATTORNEY’S FEES INCURRED BY THE FOREGOING PERSONS OR ENTITIES IN CONNECTION WITH YOUR BREACH OF THE TERMS OF SERVICE, AND/OR MAINTENANCE OF A CLAIM AGAINST THE TIMES AND/OR ITS AFFILIATED COMPANIES, LICENSORS, AND SUPPLIERS. SUCH INDEMNITY SHALL APPLY TO ANY AND ALL CONTENT THAT YOU OR ANOTHER PERSON USING YOUR USER NAME AND/OR PASSWORD PROVIDES.
7. MODIFICATION OF TERMS OF SERVICE
The Times reserves the right to modify, revise, alter, or otherwise change the Terms of Service at any time, without notification. You agree to periodically review the Terms of Service to discover any and all modifications herein. In the event a dispute arises as to which version of the Terms of Service applies to your conduct, you agree to be bound by the Terms of Service in effect at the time of said dispute, and that you have no right to rely on previous versions of the Terms of Service.
8. CHOICE OF LAW
You hereby agree that the Terms of Service shall be interpreted and applied under the laws, rules, and/or regulations of the state of Missouri, and that any action maintained by you and/or your heirs, assigns, and/or successors in interest, shall be filed in the United States District Court for Eastern Missouri in St. Louis or St. Louis County Circuit Court in Clayton, Missouri.
If, for any reason, any provisions of the Terms of Service are declared void, voidable, unenforceable, or unconstitutional, that provision shall be severed from the Terms of Service and the remaining provisions herein shall continue in full force and effect.
Any failure of The Times to enforce or exercise any provision of the Terms of Service shall not constitute a waiver of that provision.
In the event of a termination of the Terms of Service, provisions relating to limitations on your use of the Content, the licenses you have granted to The Times, and all other provisions deemed by a court of competent jurisdiction to survive termination of the Terms of Service, shall survive said termination.
In the event of any conflict between the Terms of Service and any other warranty or representation by The Times, including its Privacy Police, the Terms of Service shall control.
13. READER FEEDBACK
All comments made by anyone other than Webster-Kirkwood Times, Inc. and/or its affiliates reflect the opinion of the comment author, and not the views of Webster-Kirkwood Times, Inc. and/or its affiliates. Webster-Kirkwood Times, Inc. is not responsible for comments posted, nor for any liability arising therefrom. Webster-Kirkwood Times, Inc. reserves the right to remove without warning or notification libelous or objectionable comments, and to ban their authors from further participation. Anyone who believes a comment or story posted on this website is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable should notify the company at firstname.lastname@example.org. Please refer to the Terms of Service for further rules and regulations.
14. PROVISIONS RELATED TO SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT
If you have reason to believe that material in which you (or any person or entity for which you are an authorized agent) hold the copyright has been posted in the user comment sections of a website owned by Webster-Kirkwood Times, Inc., without appropriate authorization, please contact the below-identified Designated Registered Agent to receive notification of claimed infringement: Dwight Bitikofer, 122 W. Lockwood, Second Floor, St. Louis, Missouri 63119; email@example.com; 314-968-2699.