Terms of Service

Legal Notice

BY ENTERING AND USING THIS WEBSITE OR REGISTERING AS A USER YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THEM.

GENERALLY

This website (“Site”) is owned by Lewis County Herald Publishing Company, Inc. (“we,” “us,” “our”). If we change, adjust, or modify the Terms of Use we will notify all registered users by e-mail or otherwise.

Registration

Access to some of the content, services, and features on this Site requires users to register using the form provided. Each registered account is for a single user only and registration may require you to provide certain personally identifiable information, such as your name, e-mail address, street address, gender, and date of birth. You must be at least 13 years old to register. Our use of personally identifiable information is governed by the terms of our Privacy Policy. You represent that the information you have provided on the form is true, accurate, current, and complete and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this site to any person who violates the Terms of Use.

Passwords

You are responsible for maintaining the confidentiality of any usernames or passwords for your access to this Site and you agree not to allow any other person or entity to use your usernames or passwords. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason.

You are prohibited from trying to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.

We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user that is believed to violate these Terms of Use or any other federal, state, or local law or regulation. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF AN INVESTIGATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

USE OF THIS SITE

Our Intellectual Property

This Site and the content on the Site is owned by us and third party providers and is protected by U.S. and international copyright, trademark and other intellectual property laws. This Site and the content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of the content of the Site or incorporate into another website or other service any of our intellectual property.

Content Submitted by You (“Submissions”)

“Submissions” means all comments, feedback, suggestions, e-mail and similar information or materials you submit to us including comments to blogs, stories, and community forums, letters to the editor, manuscripts, articles, photographs, videos, artwork or any other material. In submitting the material, you represent and agree that:

• You are the author of the Submission or that you are making the Submission with the express permission of the author/owner;
• The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other property right that exists in favor of any other person or entity;
• You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed;
• You automatically waive 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 we use such content;
• You are responsible for the content of all Submissions and acknowledge that third parties may hold you responsible for content related claims including but not limited to libel, invasion of privacy, misappropriation, and/or disclosure of confidential information;
• You shall indemnify, defend and hold us, our parent company and our affiliated entities (including our officers, directors, owners, agents and employees) harmless from all liability and costs incurred in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to your Submissions; and
• We have the right to disclose any information that we believe necessary to comply with any law, regulation, or governmental request and provide information that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.

Online Conduct

We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the messages or postings that are sent to the Site but we, or third parties acting on our behalf, may monitor online conduct to enforce these Terms of Use. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any messages or postings sent to the Site. Any action by a user that infringes on another user’s right to use and enjoy this Site is prohibited. We reserve the right to suspend or terminate your access to and use of this Site if, in our view, your conduct fails to meet any of our guidelines. You agree that under no circumstances will we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling, or restricting access to or the availability of Submissions or content. It is a condition of your use that you do not:

• Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;
• Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property;
• Use the Site to upload, post, e-mail, transmit or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party;
• Use the Site to upload, post, email, transmit or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
• Post any information that is false, misleading or inaccurate or attempt to interfere with any other person’s use of the Site;
• Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting “pyramid” schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;
• Hold yourself out as sponsored by, endorsed by, or affiliated with us;
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site; or,
• Post hyperlinks to other sites containing content prohibited by the Terms of Use.

To report a complaint, please use the Report Abuse button next to the content you wish to report.

Online Commerce

Some areas of our Site may allow you to purchase items or services from us or from third parties. We are not responsible for any interactions between you and third parties or for the timeliness, accuracy, or quality of items purchased from them. You should review the practices and policies prior to purchasing items from third parties as their practices and policies may differ from ours. When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing. You are financially responsible for all purchases made by you or someone using your account.

Links to Other Sites

Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site). We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.

Pricing

I understand that delivery and billing will continue beyond the initial order period unless I contact Lewis County Herald Publishing Company, Inc. by calling (606) 796-2331. Rates may change after introductory offer period.

EXCLUSION OF WARRANTY

USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION OF LIABILITY

WE, AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY, INCLUDING THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You agree to indemnify and hold us, our licensors, content providers, service providers, employees, agents, officers, members, managers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of material, content, or data other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others and we prohibit users from posting to or through the Site or services any materials, content, or data that violates another party’s intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright that you own has been posted on our Site without authorization you may send a written notification to our Designated Agent at:

Copyright Agent
Lewis County Herald Publishing Company, Inc.
187 Main Street
Vanceburg, KY  41179
Facsimile: 606-796-3110

In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

MISCELLANEOUS

These Terms of Use and the Privacy Policy constitute the entire agreement between you and us and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and us. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Moreover, additional terms and conditions may apply to the purchase of goods and services of third parties to whom you are provided access through this Site. Your use of this Site is independent and you shall not be construed as an employee, agent or partner of, or joint venturer with us for any purpose.

This agreement and its performance shall be governed exclusively by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws provisions. You specifically consent to personal jurisdiction in Kentucky in connection with any dispute between you and us arising out of these Terms of Use or pertaining to the subject matter hereof. In the event any provision in this agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Notwithstanding any of the foregoing, nothing in the Terms of Use preempts or serves to preempt the Privacy Policy.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section and subheading titles are for convenience only and have no legal or contractual effect.