Terms of Use AND SUBSCRIPTION AGREEMENT
Welcome to the Daily Corinthian website (this "Site"). This
Site is owned and operated by Paxton Media Group LLC ("Paxton Media").
Please read these Terms of Use carefully before using this Site. By
accessing or using this Site in any way, including without limitation,
browsing this Site, using any information, and/or subscribing to an
online edition of a newspaper, you agree to and are bound by the terms,
conditions, policies and notices contained on this page (these "Terms"),
including conducting this transaction electronically.
These Terms were last updated on August 13, 2008.
1. Use of this Site
(a) Ownership. This Site is for your personal and noncommercial use.
All contents of this Site are owned by the Site's publishers. This
Site contains copyrighted material, trademarks, service marks, trade
dress and other proprietary content, including but not limited to text,
software, sound, photographs, buttons, images, logos, video and graphics
(the "Content"), and the entire selection, coordination, arrangement
and "look and feel" of this Site and the Content are copyrighted
as a collective work under United States copyright laws (collectively,
"Intellectual Property Rights"). Neither these Terms nor your
use of this Site transfers any right, title or interest in the Site
or the Content to you, and Paxton Media and its third party licensors
retain all of its and their respective right, title and interest to
the Site and Content.
(b)
Restrictions. Except as provided in these Terms, you may not use, modify,
republish, frame, print, display, perform, reproduce, license, transfer,
sell, assign, post, transmit, distribute, reverse engineer, create derivative
works from, or otherwise exploit any Content or information from this
Site, in whole or in part, without the express permission of Paxton
Media. In addition, you agree not to use any data mining, robots, or
similar data gathering and extraction methods in connection with this
Site.
(c)
Site Interruptions; Site Content. This Site is available worldwide to
anyone with Internet access. However, this Site may not be continuously
available due to maintenance or repairs or due to computer problems
or crashes, disruption in Internet service or other unforeseen circumstances.
The Content of this Site, including advertising content, is intended
for use and display only where its use and display are permissible in
accordance with applicable laws and regulations.
(d)
Third Party Information. Certain materials on this Site may be furnished
by third parties, including any advertisements. Certain product, service,
or company designations for companies other than Paxton Media may be
mentioned in the Site for identification purposes only. A reference
to a product or service on this Site does not imply that such product
or service is or will be available in your location. Third party trademarks,
trade names, logos, product or services names contained on this Site
are the trademarks, registered or unregistered, of their respective
owners.
(e)
No License. Nothing contained in these Terms shall be construed as conferring
any other license or right, express or implied, under any of our Intellectual
Property Rights or under any third party's Intellectual Property Rights.
Any rights not expressly granted herein are reserved.
2. Subscription Agreement
(a) Online Subscription. During the subscription process, you will choose
a user name and password and provide various other information. You
are responsible for providing accurate registration information and
for updating it as required. Paxton Media reserves the right to change
or revoke your user name as it deems necessary. You are also responsible
for maintaining the confidentiality of your password.
(b) Fees and Payments. You agree to pay the subscription fees (including
any applicable taxes). If your Subscription includes access to portions
of this Site containing premium content, your access to such areas may
be subject to additional fees, terms and conditions. We will bill all
charges automatically to your credit card. Subscription fees will be
billed at the beginning of your subscription or any renewal. All fees
and charges are nonrefundable. Paxton Media may change the fees and
charges then in effect, or add new fees or charges, by sending a notice
to your email address you submit during the subscription process. If
you want to use a different credit card or there is a change in credit
card validity or expiration date, please contact us at 662-287-6111.
(c) Renewal. Your Subscription will renew automatically, unless we terminate
your Subscription or you notify us by telephone, mail, or e-mail (receipt
of which must be confirmed by email reply) of your decision to terminate
your Subscription.
(d) Restrictions. You may occasionally distribute a copy of an article,
or a portion of an article, from your Subscription in non-electronic
form to a few individuals without charge, provided you include all copyright
and other proprietary rights notices in the same form in which the notices
appear.
(e) Changes to Subscriber Agreement. Paxton Media may change the terms
of this Agreement at any time by notifying you of the change in writing
or electronically. The changes also will appear in these Terms. You
signify that you agree to be bound by such changes after changes are
made to these Terms.
3. User Conduct
By using this Site, including all Content and services available through
it, you agree that you shall not:
(a) Delete, modify, hack or attempt to change or alter any of the Content
on the Site;
(b) use any device, software or routine intended to damage or otherwise
interfere with the proper functioning of the Site or servers or networks
connected to the Site, or take any other action that interferes with
other parties' use of the Site;
(c) use any robot, spider or other automatic or manual device or process
for the purpose of harvesting or compiling information on the Site for
purposes other than for a generally available search engine;
(d) use any Paxton Media newspaper names, service marks, or trademarks
without our prior written consent, including without limitation as metatags,
search engine keywords, or hidden text;
(e) use any material or information, including images or photographs,
which are made available through this Site in any manner that infringes
any copyright, trademark, patent, trade secret or other proprietary
right of any party;
(f) upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of another;
or (g) provide false information on your registration form or in any
Subscription, or impersonate someone else.
Paxton
Media has no obligation to monitor any bulletin board services, chat
areas, blogs or other forums on this Site. However, Paxton Media reserves
the right to review materials posted to these common areas and to remove
any materials in its sole discretion.
4. Permissible Use
Except as indicated to the contrary elsewhere on this Site, you may
view, copy, retransmit and print the Content available on this Site
subject to the following conditions:
(a)
The Content is used solely for personal, informational, or internal
business purposes;
(b) the Content is not provided, sold, licensed or leased (nor is access
provided to the Content) for any fee or other consideration;
(c) all copyright, trademark and other proprietary rights notices included
in the Content as presented on this Site appear on all copies;
(d) the Content is not modified or altered in any way; and
(e) no graphics are used separately from accompanying text. You may
also link or hyperlink to this Site from any Acceptable Site (as defined
below), but only if:
(a)
you do not frame this Site or any portion of this Site;
(b) the hyperlink to this Site is not used in a way that suggests that
Paxton Media endorses you or your website;
(c) the link to this Site is not used or presented in any way that disparages
Paxton Media or tarnishes, blurs or dilutes the quality of Paxton Media's
names or trademarks or any associated goodwill; and
(d) the link to this Site is not displayed on any web page that displays
objectionable content or links.
An
"Acceptable Site" means a website that displays no objectionable
content, including, but not limited to, any content, information in
any medium or format, such as text, data, graphics, audio or video,
that: (i) is libelous or defamatory, pornographic, sexually explicit,
unlawful or plagiarized; (ii) a reasonable person would consider harassing,
abusive, threatening, harmful, profane, obscene, racially, ethnically
or otherwise objectionable or offensive in any way; (iii) constitutes
a breach of any person's privacy or publicity rights, a misrepresentation
of facts or hate speech; or (iv) violates or encourages others to violate
any applicable law.
5. Modifications To Terms
Paxton Media may change these Terms from time to time. Please review
these Terms periodically for any updates or changes. Your continued
use of this Site following the posting of any updates or changes to
these Terms constitutes your acceptance of such changes. If you object
to any provision of these Terms or any subsequent modifications to these
Terms, your only recourse is to immediately terminate use of this Site.
6. Termination of Site/Modifications To Site
Paxton Media reserves the right to modify or terminate your access to
this Site (or portions of the Site) at any time, temporarily or permanently,
with or without notice to you, and is not obligated to support or update
the Site. Sections 1, 2, 3, this Section 6 and 8-18 of these Terms shall
survive any termination. Paxton Media may also impose limits on certain
features and services, restrict your access to parts or all of this
Site, or charge fees for access to portions of this Site without notice
or liability. You acknowledge and agree that Paxton Media will not be
liable to you or any third party in the event that Paxton Media exercises
its right to modify or terminate access to this Site or portions of
the Site.
7. Your Privacy
Paxton Media uses personal information collected from you through this
Site for its own internal purposes and may also share your information
with carefully selected third parties. We may use your information to
send you correspondence relating to Paxton Media products, subscriptions
and services, selected third party products and services, or to support
your continued relationship with Paxton Media. You may opt out of these
communications by following the instructions contained in the communication
or by sending an email/written request to webadmin@dailycorinthian.com.
Should you send us your comments or questions via email to any email
address provided on our Site, we use your communication until we have
done our very best to provide you with a complete and satisfactory response
and then we will either discard it or, in some cases, archive it. We
may disclose personal information if we are required to do so by law
or we in good faith believe that such action is necessary to (1) comply
with the law or with legal process; (2) protect and defend our rights
and property; (3) protect against misuse or unauthorized use of the
Site; or (4) protect the personal safety or property of our users or
the public.
8.
Copyright Infringement
In accordance with the Digital Millennium Copyright Act ("DMCA")
http://lcweb.loc.gov/copyright/,
Paxton Media has designated an agent to receive notifications of alleged
copyright infringement associated with the Site. Paxton Media will,
upon receiving proper notice as set forth below, use commercially reasonable
efforts to investigate notices of copyright infringement and take appropriate
action under the DMCA. If you believe that your copyrighted work or
the copyrighted work of another party is being infringed, please notify
our copyright agent at DMCAagent@paxtonmedia.com
or mail a written request to 201 South 4th Street, Paducah, KY 42003.
When notifying Paxton Media of the alleged copyright infringement, please
include all of the following information:
(a)
a physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright interest that is claimed to have
been infringed;
(b)
identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and
information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining party, such as
a physical address, telephone number, and, if available, an electronic
mail address;
(e) a statement that the complaining party has a good faith belief that
the use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is authorized
to act on the copyright owner's behalf.
If
material is believed in good faith by Paxton Media to infringe a copyright
or otherwise violate any Intellectual Property Rights, Paxton Media
will remove or disable access to any such material.
9. Other Sites, Content, Products and Services
As a convenience to you, this Site may provide links to websites and
access to content, products and services of third parties, including
without limitation, Paxton Media's advertisers and strategic partners
and other entities with which our connection consists of only a hyperlink
("Linked Sites"). You should refer to the separate terms of
use, privacy policies, and other rules posted on Linked Sites before
you use them. Paxton Media does not author, edit or monitor these Linked
Sites, and is not responsible or liable for (a) the availability of
or content provided on such Linked Sites, nor does inclusion of any
link imply endorsement of the Linked Sites by Paxton Media, or vice
versa; (b) third party content accessible through such Linked Sites;
(c) any loss or damage whatsoever you may incur from dealing with any
Linked Site; or (d) your dealings with any third parties found on or
through this Site, including your participation in promotions, the payment
for and delivery of goods if any, and any terms, conditions, warranties,
or representations associated with such dealings. You bear all risk
associated with the use of such Linked Sites, third party services,
and your correspondence or business dealings with advertisers other
than Paxton Media found on or through this Site.
10. Typographical Errors
Our goal is to provide complete, accurate, up-to-date information on
our Site. Unfortunately, it is not possible to ensure that any website
is completely free of human or technological errors. This Site may contain
typographical mistakes, inaccuracies, or omissions, and some information
may not be complete or current. Paxton Media therefore reserves the
right to correct any errors, inaccuracies or omissions and to change
or update information at any time without prior notice.
11. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND
ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED
THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND
"AS AVAILABLE" BASIS, WITH ALL FAULTS. PAXTON MEDIA AND EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND
ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE
OF DEALING, OR COURSE OF PERFORMANCE. PAXTON MEDIA MAKES NO WARRANTY,
AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET
YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (B) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE; (C) THE QUALITY OF ANY SUBSCRIPTION, PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE
SITE WILL MEET YOUR EXPECTATIONS; OR (D) THAT DEFECTS, IF ANY, WILL
BE CORRECTED.
12. Limitation of Liability
IN NO EVENT SHALL PAXTON MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS,
REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE
OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE,
EVEN IF PAXTON MEDIA HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE
TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR
EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED
ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES
OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO
NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES.
CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnity
You agree to indemnify, defend and hold Paxton Media, its shareholders,
directors, officers, co-branders, subsidiaries, parents, employees and
agents, harmless from any claim, demand, liability, dispute, damage,
cost, expense, or loss, including attorneys' fees and costs of litigation,
arising out of or in any way related to your use of or access to this
Site, your use of the Content (including any use by your employees),
your violation of these Terms or your violation of any rights of another.
14. Limitation on Actions Brought Against Paxton Media
You agree that any claim or cause of action arising out of your use
of this Site or these Terms must be filed within one year after such
claim or cause of action arose or it shall forever be barred, notwithstanding
any statute of limitations or other law to the contrary. Within this
period, any failure by Paxton Media to enforce or exercise any provision
of these Terms or related right shall not constitute a waiver of that
right or provision.
15. Dispute Resolution
You agree that any dispute arising out of or relating in any way to
your use of this Site requires that such claim be resolved exclusively
by confidential binding arbitration except that, to the extent you have
in any manner violated or threatened to violate Intellectual Property
Rights, Paxton Media may seek injunctive or other appropriate relief.
The arbitration shall be conducted before three neutral arbitrators
in Corinth, MS, in accordance with the rules of the \ American Arbitration
Association ("AAA"), as then in effect. No claims of any other
parties may be joined or otherwise combined in the arbitration proceeding.
Unless otherwise expressly required by applicable law, each party shall
bear its own attorneys' fees without regard to which party is deemed
the prevailing party in the arbitration proceeding. Except for punitive
and consequential damages (which may not be awarded), and subject to
these Terms, the arbitrators shall be authorized to award either party
any provisional or equitable remedy permitted by applicable law. The
parties shall equally share all AAA charges and fees associated with
the arbitration. BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION
OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY
WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE
OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE
OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL
AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY
WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY
OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The
award of the arbitrators may be enforced in any court having jurisdiction
thereof. Each party hereby consents (a) to the non-exclusive jurisdiction
of the courts of the State of Tennessee or to any Federal Court located
within the State of Tennessee for any action (i) to compel arbitration,
(ii) to enforce any award of the arbitrators, or (iii) at any time prior
to the qualification and appointment of the arbitrators, for temporary,
interim or provisional equitable remedies, and (b) to service of process
in any such action by registered mail or any other means provided by
law. Should this Section 15 be deemed invalid or otherwise unenforceable
for any reason, it shall be severed and the parties agree that exclusive
jurisdiction and venue for any claims will be in state or federal courts
in Mississippi.
16. Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and
(b) that these Terms have the same force and effect as a signed agreement.
17. General
If any provision in these Terms is found by a court or arbitrator to
be invalid, the parties agree that the court or arbitrator should give
effect to the parties' intentions as reflected in the provision, and
the other provisions of these Terms will remain in full force and effect.
Paxton Media's failure to act with respect to a breach by any visitor
using the Site does not constitute a waiver of its right to act with
respect to subsequent or similar breaches. These Terms will be governed
by and construed in accordance with the laws of the State of Tennessee
without regard to its choice of law provisions. In the event of any
conflict between foreign laws, rules and regulations and those of the
United States, the laws, rules and regulations of the United States
will govern. These Terms and the Privacy Policy as posted from time
to time by Paxton Media on this Site, and any modifications to the foregoing,
constitute the entire agreement between the parties with regard to the
subject matter in these Terms and supersede all prior understandings
and agreements, whether written or oral, as to such subject matter.
18. Contact Information
If
you have any questions about these Terms, your Subscription, or your
dealings with this Site, please contact us through the address below.
You may also contact us to update your personal information by notifying
us when you change your name or email address.
Address:
Daily Corinthian
P.O. Box 1800
Corinth, MS 38835
Thank
you for visiting this Site.