Effective Date: December 17, 2010
Welcome to the Bozeman Daily, Chronicle’s (“the Company”) website and network of websites. Your use of this website and any affiliated websites is subject to the following terms of service.
Your agreement with the Company
You understand and agree that, by visiting this website and any 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 the websites and its affiliated sites. 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 this website and any affiliated websites with the consent of a parent or legal guardian.
Revisions to Terms of Service
This Terms of Service is subject to revision from time to time by the Company. The effective date of the most recent revision is set out below the title and all users are bound by the Terms of Service in effect as of the date of usage.
Copyright and Ownership
All of the content featured or displayed on all Company websites is owned by the Company, its licensors and / or its content providers. All elements of the site, including but not limited to the general design and content, are protected by trade dress, copyright, trademark and other laws related to intellectual property rights. Except as explicitly permitted under this agreement or another agreement with the Company, no portion or element of the website or any affiliated sites may be copied or retransmitted via any means, and the websites and their content shall remain the exclusive property of the Company unless otherwise expressly agreed upon in writing. If you operate a Web site and wish to link to Stephens Media LLC., you may do so provided you agree to delete the link upon request from us. No other use is permitted without prior written permission.
Subject to the terms and conditions of these Terms of Service, the Company grants you permission to access this and affiliated websites and view the content solely for your personal, non-commercial use. In addition to viewing content online, you may electronically store a reasonable portion of the content for your personal, non-commercial use by making a single electronic copy on your computer’s hard drive, or a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the content or create a database using the content.
Links to third party websites are provided to you as a convenience and do not imply endorsement by the Company or any affiliation with or endorsement by the owner of the linked site. The Company is not responsible for the content of any linked site or any consequences of making the link.
Users of the Company’s websites may be able, as dictated by the functionality, to submit or to otherwise make available messages, e-mails, photographs, text, videos and other content for display on the Company’s websites. You are solely responsible for this content, and the Company acts as a passive conduit for your online distribution and publication of such content. Such content must conform to the guidelines below. Without limiting any of its rights in law and equity, the Company reserves the right to remove any content for any reason in its sole discretion that it believes may violate these Terms of Service, or any copyright or third-party rights.
submitting or otherwise making available any content to the Company’s website and affiliated websites, you automatically grant the Company 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 the Company (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 the Company uses such content. You also grant the Company the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available for any purpose whatsoever, including, without limitation, commercial purposes. By submitting user content, you automatically warrant and represent to the Company that you are the owner of all intellectual property rights in and to the content or that you otherwise have all sufficient rights to grant the license above. By submitting user content, you further warrant and represent that the content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
Digital Millennium Copyright Act (“DMCA”)
The Company 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, the Company will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below.
If you believe that the Company has infringed your copyright, please notify our Copyright Agent and provide the following information.
- An identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- An identification of the material on our website or an affiliated website that you claim is infringing or is subject to infringing activity that is to be removed or access to which is to be disabled, with enough detail (including without limitation the URL of the material) to allow us to locate the material on our site.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive copyright interest involved.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Copyright Agent for the Company is Eric Johnston, who can be reached at Pioneer News Group, Inc., 221 First Avenue West, Suite 405, Seattle, WA 98119; tel: 206-284-4424. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The Websites encourage 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 The Websites is prohibited. The Websites reserve the right, but do not assume any obligation, to monitor your online conduct to enforce this User Agreement, without limitation and with absolute discretion. We may cancel or terminate your right to use The Websites or any part of The Websites at any time without notice, for any reason whatsoever, including but not limited to your failure to abide by the terms and conditions of this User Agreement. In the event of cancellation or termination, you are no longer authorized to access The Websites affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from The Websites, and the disclaimers and indemnification provisions set forth in this User Agreement, shall survive. The Websites reserve the right to suspend or terminate your access to and use of The Websites if, in our view, your conduct fails to meet any of the following guidelines or for any reason whatsoever, within our complete and absolute discretion. Specifically, you may not:
- Provide any information that is false, misleading or inaccurate.
- Use any portion of our websites for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
- Use any portion of our websites for uploading, posting, e-mailing, transmitting or otherwise making available content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Subject to the Company’s sole discretion, use any portion of our websites for uploading, posting, e-mailing, transmitting or otherwise making available content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Use any portion of our websites for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Attempt to interfere with any other person’s use of our websites.
- Misrepresent your identity or impersonate any person.
- Hold yourself out as sponsored by, endorsed by, or affiliated with our Company or our websites
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Company or its websites.
- Use or launch any automated means including spiders, robots, crawlers, scrapers and the like, to download or copy data or content from our websites
- 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 our websites, 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.
- Take any action that: (i) imposes or may impose, in our Company’s sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of our websites; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of our websites.
- To register a complaint about another user’s conduct, please e-mail firstname.lastname@example.org.
While the Company strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does our Company warrant or guarantee that any files available for downloading will be free of defects. Neither the 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 this website and affiliated websites.
The content, services, and features of this website and affiliated websites are subject to change without notice. The inclusion of any content, services, and features on such websites 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 our websites and the accuracy and completeness of any information is with you.
Opinions, advice and all other information expressed on this and affiliated website 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 the Company. The Company does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Company spokespersons.
Any investment decisions or other actions that users take based on information available on this and affiliated websites should first be reviewed by a competent financial adviser or other professional. THIS WEBSITE AND AFFILIATED WEBSITES’ 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). In no event will the Company 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 this and affiliated websites, or any information or services provided on the Company, even if the Company has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on this and affiliated websites.
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.
In addition to any other remedies provided in law or equity, including specified damages and attorney’s fees, if the Company files suit to enforce any provision of these Terms of Service and is the substantially prevailing party, it shall be entitled to its attorney’s fees and costs of suit.
You agree to indemnify, defend and hold harmless the Company, its affiliates, employees, officers, directors, and agents from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from any breach by you of your obligations under these Terms of Service. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
This agreement between the Company and its users will be governed and interpreted under the laws of the state in which the newspaper affiliated with this website is located. 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.
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.