OURNEWSONLINE.COM, LLC TERMS OF SERVICE
Before using OurNewsOnline.com or purchasing a website from OurNewsOnline.com, please review the following Terms of Service which define your rights, responsibilities and benefits as a user of our Services.
1. INTRODUCTION
Welcome to OurNewsOnline.com! The following Terms of Service (“TOS”) govern your use of OurNewsOnline.com, LLC Services. By using, visiting, or browsing our Services, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not use our Services.
2. ACCEPTANCE OF TERMS
OurNewsOnline.com, LLC provides its Service to you subject to the following TOS which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.ournewsonline.com/ono/tos.asp. In addition, when using particular OurNewsOnline.com, LLC owned or operated services, you and OurNewsOnline.com, LLC shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor which you allow to access the Service, for whom you will be held strictly responsible. In the case of access to this Service by a child, ask your parent or guardian for permission to utilize this website or any of our customers’ websites. Your use of our Services indicates that you are bound by this agreement with us. If you don't agree with any of these Terms of Service, don't use our Services. OurNewsOnline.com may alter this agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of our Services. Read the Privacy statement connected with this website, which also applies to you as a user.
3. MODIFICATION OF TERMS OF SERVICE
OurNewsOnline.com reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole discretion. The most current version of these Terms of Service can be reviewed by clicking on the "Terms of Service" hyperlink located at the bottom of the pages of the Service. The most current version of the Terms of Service will supersede all previous versions. Your use of the Service after changes are made means that you agree to be bound by such changes.
4. DESCRIPTION OF SERVICE
OurNewsOnline.com,LLC (“us” or “OurNewsOnline”) contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to members of a website, (the “Content”). OurNewsOnline provides users with access to a rich collection of resources, including various communications tools, forums, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for OurNewsOnline to provide the Service. You also understand and agree that the Service may include certain communications from OurNewsOnline, such as service announcements, administrative messages and the OurNewsOnline Newsletter, and that these communications are considered part of OurNewsOnline membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new OurNewsOnline properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that OurNewsOnline assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
5. LIMITED USE LICENSE
You are licensed to use the Services and its Content only for personal use and the use of the members of the website of which you are an owner. The Service is not intended for or licensed for any commercial use. Commercial use is specifically prohibited
You must be 18 years of age or older to use the OurNewsOnline.com Service. Unless otherwise specified, the content on the Service is for your personal and non-commercial use and you are granted a limited license to access the Service for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Service without our express written consent. Any unauthorized use of the Service or its contents will terminate the limited license granted by us.
6. FEES FOR SERVICES
If you purchase a website provided by OurNewsOnline.com, understand that ownership of the Service is on a continuous service basis. Once you have become a subscribing member, your subscription must be renewed to maintain your Service Content on our servers. OurNewsOnline.com DOES NOT store your credit card information and DOES NOT automatically bill for website renewals. However, failure to renew your website subscription within 90 days of the website expiration date or 90 days of non-use for Free package websites may cause your website and all content to be deactivated without warning. Subscription costs may be changed by OurNewsOnline.com, LLC at any time and each renewal of your subscription will be at the then standard renewal cost.
7. CANCELATION
You may cancel your subscription to OurNewsOnline.com at anytime. To cancel, please email support@ournewsonline.com or write to OurNewsOnline.com, LLC PO Box 264 Elkhorn, WI 53121-0264. Please include your website URL, email address, and name on the account. Upon cancellation, your website will become "inactive", thus not accessible via the Internet. Your account information, including your digital photos, will remain on our system for a period of 90 days after cancellation. OurNewsOnline.com is not responsible for the return of, or establishing access to your data, by any means, after cancellation.
8. MEMENTO CD
Your website on Memento CD will look exactly like your website online. It will include all photos, video, audio and content. Until your Memento CD is received, refrain from making any updates or changes to your website. OurNewsOnline.com is not responsible for your content, and any changes you make after your Memento CD has been ordered may or may not appear on your Memento CD. Any third-party software you are using on your website, such as counters and tickers, may not function properly if at all. Please allow four to six weeks from the time of order to complete and mail your Memento CD. Members outside the United States may experience a longer wait due to international delivery. Domestic Memento CDs are delivered via First-Class U.S. mail. International orders are sent via Standard Air delivery. Memento CDs are non-transferable and non-refundable. OurNewsOnline.com is not responsible for lost, stolen, or damaged items due to shipping. Memento CDs are produced from the member website "as-is". OurNewsOnline.com makes no guarantees as to the accuracy or correctness of your Memento CD. Services on Memento CD are for personal and archival use only. All website designs, images and artwork are under copyright law and shall not be transferred, reproduced, sold, advertised, or used for commercial purposes in any way.
9. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OurNewsOnline has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OurNewsOnline has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). OurNewsOnline is concerned about the safety and privacy of all its users, particularly children. When you create an OurNewsOnline website you certify that you are at least 18 years old.
10. OURNEWSONLINE PRIVACY POLICY
Any information submitted on the Service is subject to our Privacy statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.ournewsonline.com/ono/privacy.asp. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by OurNewsOnline and its affiliates.
11. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will select a password and URL designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OurNewsOnline of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OurNewsOnline cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (Member Account, Password, and Security).
12. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not OurNewsOnline, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. OurNewsOnline does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OurNewsOnline be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
As condition of your use of this Service, you may NOT:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an OurNewsOnline official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that OurNewsOnline may or may not pre-screen Content, but that OurNewsOnline and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, OurNewsOnline and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by OurNewsOnline or submitted to OurNewsOnline, including without limitation information in OurNewsOnline Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that OurNewsOnline may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of OurNewsOnline, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
13. INTERSTATE NATURE OF COMMUNICATIONS ON OURNEWSONLINE NETWORK
When you register with OurNewsOnline, you acknowledge that in using OurNewsOnline Services to send electronic communications (including but not limited to email, sending messages to the Service chat rooms, uploading photos, videos, and files to the Service, and other Internet activities), you will be causing communications to be sent through OurNewsOnline's computer networks. As a result, and also as a result of OurNewsOnline's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the Service results in interstate data transmissions.
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
15. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
OurNewsOnline does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant OurNewsOnline the worldwide, royalty-free and non-exclusive license(s). "Publicly accessible" areas of the Service are those areas of the OurNewsOnline network of properties that are intended by OurNewsOnline to be available to the general public. By way of example, publicly accessible areas of the Service would include OurNewsOnline Message Boards and public contests which are open to both members and visitors.
16. CONTRIBUTIONS TO OURNEWSONLINE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to OurNewsOnline through its support email or message boards, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) OurNewsOnline is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) OurNewsOnline shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) OurNewsOnline may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of OurNewsOnline without any obligation of OurNewsOnline to you; and (f) you are not entitled to any compensation or reimbursement of any kind from OurNewsOnline under any circumstances.
17. INDEMNITY
You agree to indemnify, defend and hold OurNewsOnline and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you or any other person accessing the Service using your account, submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
18. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
19. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that OurNewsOnline may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on OurNewsOnline's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that OurNewsOnline has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that OurNewsOnline reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that OurNewsOnline reserves the right to modify these general practices and limits from time to time.
20. MODIFICATIONS TO SERVICE
OurNewsOnline reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OurNewsOnline shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
21. TERMINATION
OurNewsOnline.com reserves the right to terminate or restrict your use of our Service, without notice, for any or no reason whatsoever. You agree that OurNewsOnline may, under certain circumstances and without prior notice, immediately terminate your OurNewsOnline account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your OurNewsOnline account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in OurNewsOnline's sole discretion and that OurNewsOnline shall not be liable to you or any third party for any termination of your account or access to the Service.
22. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that OurNewsOnline shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
23. LINKS
The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because OurNewsOnline has no control over such websites and resources, you acknowledge and agree that OurNewsOnline is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that OurNewsOnline 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 use of or reliance on any such Content, goods or services available on or through any such website or resource.
24. OURNEWSONLINE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by OurNewsOnline or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
OurNewsOnline grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by OurNewsOnline for use in accessing the Service.
25. DISCLAIMER OF WARRANTIES
The Service and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Service or its contents, including third-party software providers. In addition, we do not represent or warrant that the information accessible via our website is accurate, complete or current. You, the user, understand and agree that the submission of video, files or any digital image to the Service, and the download or upload of any material through OurNewsOnline.com Service is done at your own risk, and you will be solely responsible for any loss or damage to your video, file or image and your computer system or loss of data that my result in the download or upload of any material.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OURNEWSONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. OURNEWSONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OURNEWSONLINE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
26. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OURNEWSONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OURNEWSONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
We assume no liability or responsibility for any errors or omissions in the Content of the Service, any failures, delays, or interruptions in the electronic transmission of photos, delivery of any content contained on the Service, any losses or damages arising from the use of the content provided on the Service, or any conduct by users of the Service.
27. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
28. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
29. NOTICE
OurNewsOnline may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
30. WEBSITE CONTENT
The Service allows you and other third parties to post comments concerning the websites provided by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective authors or producers and not of OurNewsOnline.com or its shareholders, directors, officers, or employees. Under no circumstances shall OurNewsOnline.com or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service. We permit you to post comments on Services and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Service; however, we reserve the right to remove or edit such content at anytime without notice. You are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through our Service, including but not limited to the contents of your e-mail communications, information, videos, photos or images posted to your website. All Content posted by you, is your sole responsibility. OurNewsOnline.com does not control the Content posted by users such as yourself via our Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using OurNewsOnline.com you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will OurNewsOnline.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via our Services. Some of the hyperlinks on the Service may lead to other Websites that are not controlled by, or affiliated with, OurNewsOnline.com. In addition, other Websites may link to the Service. OurNewsOnline.com has not reviewed these Websites and is not responsible for the content or privacy policies of these Websites.
31. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
OurNewsOnline respects the intellectual property of others, and we ask our users to do the same. OurNewsOnline may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OurNewsOnline with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the website;
d. your address, telephone number, and email address;
e. 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;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
OurNewsOnline can be reached as follows:
By mail: Copyright Concerns, c/o OurNewsOnline LLC, PO Box 264, Elkhorn, WI 53121
By email: admin@ournewsonline.com
32. GENERAL TERMS
All legal issues arising from or related to the use of this Service shall be determined in accordance with the laws of the State of Wisconsin. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. These Terms of Service constitute the entire agreement between you and OurNewsOnline.com with respect to the use of the Service. OurNewsOnline's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. This Agreement is governed by the law of the State of Wisconsin, without regard to its principles on conflicts of laws, and the federal law of the United States of America
Official correspondence must be sent via certified postal mail to: OurNewsOnline.com, LLC Attn: Customer Solutions PO Box 264, Elkhorn, WI 53121-0264
Effective Date: September 7, 2008 KRG