TERMS OF USE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE
The "Idaho Mountain Express" ("Express" or “we”) is owned by Express Publishing, Inc., an Idaho corporation. The Express welcomes you to its “mtexpress.com” website (the “Website”). Also, the Express welcomes your comments on its articles, editorials and blog discussions, and your participation in what we at the Express hope will be a constructive and lively community forum.
These Terms of Use (the “Terms of Use”) govern your access to and use of the Website.
BY ACCESSING AND USING THE WEBSITE YOU ARE IRREVOCABLY AGREEING TO COMPLY WITH AND BE BOUND BY ALL OF THE TERMS, CONDITIONS, OBLIGATIONS AND PROVISIONS OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE. Prior to using the Website or making any comment or placing any material on the Website you must read and understand the full text of the Terms of Use. We reserve the right to update, change, modify or eliminate the Terms of Use, or any portion thereof, at any time, without prior notice, by posting the revised version of the Terms of Use behind the link marked "Terms of Use." These changes will be effective as of the date we post the revised version on the Website. Your continued use of the Website after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. It is your responsibility to review the Terms of Use prior to each time you use the Website.
Anyone with a complaint about any content on the Website shall immediately contact the Express through the Website email address "complaints@mtexpress.com".
1. Ownership of the Website and its Content
The Website and all of the text, classified and other advertising, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Website, including, but not limited to, content submitted by users of the Website (collectively "Content") are protected under the Terms of Use and by applicable copyright, trademark and other intellectual property and other laws (collectively “Intellectual Property Rights”). All Content and Intellectual Property Rights therein are the property of the Express or are material included with the permission of the owner of the Intellectual Property Rights. Except as otherwise expressly provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of the Express.
2. Limited license to use the Website
The Express grants to you a nonexclusive, nontransferable, revocable limited license to view, download, email and print the Content solely for your own personal, noncommercial informational purposes in accordance with the Terms of Use provided you maintain all copyright and other notices contained therein. The reproduction, copying, storage or distribution of the Content for any other purpose, including, but not limited to, any commercial purpose is strictly prohibited without the prior expressed written consent of the Express. Among other limitations, this license does not include any collection, aggregation, copying, duplication, display or derivative use of the Contents or any data mining or collection for any purpose not expressly permitted as stated above.
3. General Use Restrictions
You agree not to use automated means, including, but not limited to, robots, spiders, crawlers, data mining tools, or the like to download data from the Website unless expressly permitted to do so in writing by the Express.
You agree not to gain unauthorized access to the Express’s computer systems or impair the functioning or use thereof.
You agree to use the Website in a manner consistent with any and all applicable rules and regulations, federal, state and local, and with the Terms of Use.
You agree not to upload or transmit through the Website any computer viruses, Trojan horses, worms, other computer codes or anything else designed to interfere with, interrupt, disrupt or damage the normal operating procedures or functioning of a computer, computer network or website.
You agree to report any violation of the Terms of Use or any copyright or trademark violation to the Express as soon as you become aware of them.
4. User Generated Content
You shall not post, upload to, or distribute or otherwise display or publish (collectively “post”) on the Website any comment, text or other material, which does not comply with the Terms of Use.
The Express may remove any comment that, in the sole discretion of the Express, contains any profanity, personal attack, libelous statement or other inappropriate content. The Express does not moderate or monitor the Website, but reserves the right to remove or alter any Content which does not comply with the Terms of Use.
By submitting comments or otherwise posting material on the "Website" you understand and agree to each of the following terms and conditions:
1. You are fully and solely responsible for the content of what you post on the Website.
a. You will not post any material which violates any copyright, trademark or any other federal, state, local or international law regarding intellectual property rights, and if you unknowingly post any such material you will immediately remove same upon learning that it violates this rule.
b. You will not post any material that is libelous, obscene, abusive, defamatory, invades the privacy of another person, or violates any local, state, federal or international law.
c. You will not post any racial slurs, epithets, hate speech or any other material which humiliates, degrades or criticizes anyone based upon their race, creed, color, national origin, gender, disability, sexual preference or other inappropriate classification.
d. You will not post any personal attacks or material which threatens physical violence to others or which incites such violence.
e. You will indemnify, hold harmless and defend the Express, its shareholders, officers, employees, agents and licensees from any and all claims, damages and/or causes of action, including without limitation, reasonable costs and attorney fees, arising out of or resulting from any claim brought by a third party relating to the content of any material you have posted on the Website.
2. You will not post any unsigned comment or text. Any unsigned comment may be removed. Additionally, the Express may attempt to block from the Website any user who violates any of the Terms of Use.
3. You will not post any material that does not relate to the article or editorial or blog upon which you are commenting.
4. You will post only written text. No graphics, photographs or other non-text material will be posted by you.
5. The Idaho Mountain Express and/or Express Publishing Co., Inc., (jointly "Express") does not moderate or monitor the Website for content that violates the Terms of Use or that is otherwise inappropriate. The Express is not responsible for the content or material posted by anyone on the Website. However, the Express does reserve the right, in its sole discretion, to monitor, remove or alter any material posted on the Website which in the Express's sole discretion violates the Terms of Use or which it determines is otherwise inappropriate for any reason whatsoever. Also, the Express reserves the right, in its sole discretion, to remove a user's privilege to post content on the Website and to take steps to block such a user's access to the Website.
6. You will not post any advertisement, solicitation or other commercial content on the Website.
7. By permitting the posting of content on the Website, the Express is not sponsoring or endorsing the content or vouching for the veracity, accuracy, reliability or credibility thereof.
8. You acknowledge and agree that any submission you make may be removed, edited, modified, published, transmitted, and displayed by the Express in any form and you waive any right you may have in having the material edited, altered or changed by the Express in a manner not agreeable to you.
9. You hereby irrevocably grant to the Express the exclusive, royalty-free, world-wide, perpetual license and right to use, publish, reproduce, alter, edit, transmit, create derivative work from, distribute, perform, and display such content, in whole or in part, in any form, media or technology current or later developed. Also, the Express shall have the right to fully sub-license the rights granted hereby.
10. You will indemnify, hold harmless and defend the Express, its shareholders, officers, employees, agents and licensees from any and all claims, damages and/or causes of action, including without limitation, reasonable costs and attorney fees, arising out of or resulting from any claim brought by a third party relating to the content of any material you have posted on the Website.
11. Anyone with a complaint about any content on the Website shall immediately contact the Express through the Website email address "complaints@mtexpress.com".
5. Trademarks/Trade Dress
The Express names and logos, all product and service names, all page headers, all custom graphics, all icons, all buttons, and all trademarks, trade dress, service marks and logos appearing on the Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Express, and you are not authorized and you are prohibited from displaying or using any of them in any manner without the prior written permission of the Express. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on the Website without the prior written permission of such owners.
6. Links to Other Sites
The Website provides links to other websites operated by third parties. Because we have no control over third-party web sites, we are not responsible for the availability of those web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The Express shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such web sites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such web sites.
7. Access to the Website
You are permitted to display on your website or create on your website a link to the Website as long as it is solely for your personal noncommercial use. However, if the total number of such postings displayed or linked to on your website exceeds twenty 20), your use may and will be conclusively presumed by the Express to be in breach of the Terms of Use.
8. Right to Change or Discontinue the Website
We reserve the right at any time and from time-to-time to change, delete, suspend or discontinue, temporarily or permanently the Website (or any portion thereof) and/or the information, materials, products and/or services available through the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website. Furthermore, the Express reserves the right at anytime to charge fee(s) for access to the Website or any portion thereof.
You agree that the Express, in its sole discretion, has the right, but not the obligation, to block, suspend or otherwise prevent your access to the Website, immediately and without notice, at anytime and for any reason, including, but not limited to, if you have not acted in accordance with the Terms of Use. Upon such an event, you agree not to attempt to access or use the Website again.
9. Indemnification
You agree to indemnify, hold harmless and defend the Express, its shareholders, officers, employees, and agents from any and all claims, damages and/or causes of action, including without limitation, reasonable costs and attorney fees, arising out of or resulting your use of the Website or your breach of the Terms of Use.
10. Remedies and Liquidated Damages
For a breach or violation of any of the Terms of Use, you agree that the Express shall be entitled to all remedies and damages at law and in equity, and the same shall be cumulative.
You agree that because the damages to the Express that will result from a breach of the Terms of Use are difficult to quantify, that if you aggregate, display, copy, duplicate, reproduce or otherwise use any of the Content (except your user generated content) for other than your personal, noncommercial use you shall pay to the Express the sum of $300.00, as liquidated damages and not a penalty, for each separate item of Content used in breach of the Terms of Use and, in addition thereto, you shall pay to the Express the sum of $1,000.00, as liquidated damages and not a penalty, for each day on which you engage in such conduct, except for advertising Content for which you agree to pay the Express, as liquidated damages not as a penalty, the sum of $35.00 per classified advertisement per day, or any portion thereof, if such item of classified advertising is used in breach of the Terms of Use, and for other advertising used in breach of the Terms of Use you agree to pay the Express, as liquidated damages and not as a penalty, the amount charged for such advertising on the current Express advertising rate card for that advertising for each day, or portion thereof, the advertising is used in breach of the Terms of Use.
In the event of any breach or violation of the Terms of Use, you agree that monetary damages alone will not be sufficient to prevent irreparable injury to the Express. Therefore, in addition to all other rights and remedies at law or in equity, the Express shall be entitled to the remedy of specific performance of any term, obligation or condition of the Terms of Use, or injunctive relief to prevent or remedy a breach of violation of the Terms of Use.
11. DISCLAIMERS
THE EXPRESS MAKES NO REPRESENTATION OR WARRANTY, WHATSOEVER, WITH RESPECT TO THE WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR THROUGH THE WEBSITE. THE WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND. WHATSOEVER TO THE FULLEST EXTENT PERMITTED BY LAW.
THE EXPRESS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE EXPRESS DISCLAIMS ALL RESPONSIBILTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE CONTENTS OR OTHER INFORMATION ON THE WEBSITE, OR ON ANY WEBSITE WITH WHICH IT IS LINKED, (B) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF OR LINK THEREFROM, (C) YOUR USE OF THE WEBSITE OR THE CONTENT, (D) ANY VIRUS OR OTHER HARMFUL COMPONENTS OR OTHER PROBLEMS THAT MAY ARISE BECAUSE OF YOUR ACCESSING OR USING THE WEBSITE OR ANY OF ITS CONTENT. YOU ACCESS AND USE THE WEBSITE SOLELY AT YOUR OWN RISK. THE EXPRESS WILL NOT PROVIDE ANY TECHNICAL OR OTHER SUPPORT IN CONNECTION WITH YOUR USE OF THE WEBSITE.
THE EXPRESS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT, INFORMATION OR DATA ON THE WEBSITE. THE EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, OPINION AND OTHER CONTENT POSTED BY ANYONE ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, USER GENERATED CONTENT, ADVERTISING, AND LINKS.
THE EXPRESS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA THAT YOU ACCEPT.
12. LIMITATION OF LIABILITY
BY YOUR ACCESS AND USE OF THE WEBSITE, YOU AGREE TO WAIVE ANY AND ALL CLAIMS FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE RELATING TO YOUR ACCESS OR USE OF THE WEBSITE OR ITS CONTENT.
WITHOUT LIMITING THE FOREGOING, THE EXPRESS IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT AS WE DO NOT CONTROL OR MONITOR AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND WITHOUT LIMITING THE FOREGOING, THE EXPRESS, ON BEHALF OF ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY DAMAGES, INJURIES, LOSSES AND/OR EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES, DAMAGES, AND EXPENSES OF ANY KIND OR CHARACTER WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INJURIES, LOSSES OR EXPENSES, ARISING OUT , RELATED TO OR IN ANY WAY CONNECTED WITH ACCESSING, USE OF, OR THE INABILITY TO USE THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR THE CONTENT OR ANY MERCHANDISE OR OTHER THING AVAILABLE ON THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
TO THE EXTENT THAT ANY PART OF THIS LIMITATION ON LIABILITY IS PROHIBITED BY LAW OR FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL AGGREGATE LIABILITY OF THE EXPRESS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS TO YOU FOR DAMAGES, INJURIES, LOSSES, AND EXPENSES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
13. Choice of Law and Forum.
You agree that the Terms of Use shall be construed and governed by the laws of the state of Idaho without reference to its laws regarding conflict of laws. You agree that the district court of the state of Idaho, in and for the County of Blaine, and the federal court for the District of Idaho, shall have exclusive jurisdiction with regard to any dispute, action or proceeding arising out of or with regard to the Terms of Use, and you hereby irrevocably consent to said jurisdiction and venue.
14. Attorney Fees.
In the event of litigation, including appeals, regarding the breach, enforcement, interpretation or otherwise relating to the Terms of Use, if the Express is the prevailing party in such litigation you agree to pay the Express its reasonable attorney fees and costs incurred in such action.
15. General Provisions.
All covenants and agreements set forth in the Terms of Use shall survive termination of this Agreement.
The Terms of Use is the final and entire agreement between the parties. No agreement or representation, oral or otherwise, is binding unless expressly set forth herein. The Terms of Use may only be changed or modified as expressly set forth in the Terms of Use.
The paragraph captions are for convenience only and shall not be considered in construing or interpreting this Agreement.
The terms herein are used without regard to the number or gender of the persons constituting such parties.
The Express's failure to insist on upon strict performance by you or anyone else of any term, obligation, condition or provision of the Terms of Use shall not result in the waiver, loss or estoppel of the Express's right to require full performance thereof in the future.
In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, the remaining provisions hereunder shall remain in full force and effect.
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2011
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