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, provide various other information and receive a password. 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 (270) 804-4487.
(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. 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.
8. Other Sites, Content, Products and Services
9. 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.
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.
11. 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.
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.
13. 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.
14. 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 Paducah, KY, 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 Kentucky.
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. 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: email@example.com or write The Mayfield Messenger Online, 111 S. Seventh St., Mayfield, KY 42066.
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