Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the websites operated by The Daily News (“The Daily News”) and certain of The Daily News subsidiaries, including this website (“website”).

USER AGREEMENT

This website exists to provide you with news and local information.  We allow and authorize you to access, display and print the information on our Site for your own personal and non-commercial use.  This includes all images, designs, photographs, articles, writings, graphics, data and any other materials (“Content”).

By using this website you represent you are of legal age and agree to be bound by these terms of use.  You agree that you will be bound to any new or subsequent modifications of these Terms of Use and to any other policies posted on our websites. If you do not agree, do not use this website.   Your acceptance of these Terms of Use and other posted policies shown by your use of this Website will have the same force and effect as if you had actually signed this agreement in writing.

The Daily News may change these Terms of Use at any time by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

 

WEBSITE AND CONTENT

 

Website Availability

We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.

Copyright

All content on the Website (including all images, designs, photographs, articles, writings, graphs, data, and other materials (“Materials”) is protected by copyright, and owned or controlled by The Daily News, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Website.

Personal Non-Commercial Use

This Website is for your personal and noncommercial use only. You may download or copy the content on this Website for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from The Daily News (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content.

Accuracy of Information

While we strive for accuracy, we cannot represent or guarantee either that the information accessed on this site is complete or that it is free of inaccuracies.  We rely without independent verification on the merchants and organizations that list on our site to provide information about their status and activities and cannot verify their status as Michigan businesses or other information that they provide to us.

Links/Advertisements/Search Engines

In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.  We do not control or own these sites.  Such links are provided only as a convenience to you.  We have not reviewed, and cannot review, all of the content made available through Third Party sites.  The link to Third Party sites does not represent, warrant, or imply that we endorse this Site or any material, goods, or services available on or through this site.  We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Third party material accessed through these sites may also be protected by law including copyright, trademark or other intellectual property laws.  Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The Website also contains advertisements by third parties. Unless otherwise specifically stated on the Website, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Website (including “deep linking” to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the Website, (2) there is no “scraping” of the content by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete originally displayed format), (3) under no circumstances you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages and (4) each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below). Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.

Commercial Transactions

Certain portions of the Website may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.

No Representations or Warranties

The Daily News and its affiliates make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below).

 

USER CREATED CONTENT

 

Submissions

You must be at least 13 years old to contribute content to this Website.

By submitting any material (text, photos, videos or other content) to The Daily News either through the Website or physical delivery, you agree to be bound by these Terms of Use.

Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to The Daily News and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, prepaid, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively “Use”) the content submitted by you with no monetary compensation at any time. By making any submission, you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. The Daily News has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content. Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, email or otherwise make available through the Website. For all content provided by you, you agree to indemnify The Daily News and its affiliates as provided in Legal Terms below.

Content Submission Rules and Restrictions

By submitting any content, you represent and warrant that: (1) you either own the content or have all necessary rights to use and submit it; (2) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (3) the content will not cause injury, embarrassment or harm to any person or entity.

You agree not to submit any content in any forums, chats, emails or otherwise that communicates:

a)    any defamatory, threatening, obscene, pornographic, harassing, or otherwise unlawful information;

b)    any information that is discriminatory on the basis of race, religion, nationality, gender, sexual orientation, age, disability or other characteristics;

c)    any advertisement, solicitation, spam, chain letter or other similar type information;

d)    any encouragement of illegal activity;

e)    any impersonation of another person or misquoting of another;

f)      unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others; or

g)    any materials subject to trademark, copyright, patent or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

You are solely responsible for the content you submit. The Daily News does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in The Daily News’ sole discretion, will be removed from public view to the best of The Daily News’ ability and as timely as possible. You may contact us if you disagree with any removal (see Contact Us below). However, all decisions regarding content and compliance with these Terms of Use will be determined by The Daily News in its sole discretion. If you disagree with these conditions, do not submit any content.

Identity and Privacy

You must use a consistent handle or account name for any submissions you make and you may not submit content under another person’s name. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. “Sock puppets” are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).

We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications.

The Daily News does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity.

We are firmly committed to the privacy of our users.  For information on our privacy policies regarding personal information gathered on the Website, please see our Privacy Policy at http://thedailynews.cc/privacy/.

Real-world Meetings

The Website may offer some social networking opportunities, including enabling users to create profiles that are designed to allow individuals to meet each other for any purpose. In addition, any posting to the Website will be publicly viewable and other users may discover your identity. We cannot vouch for the safety of offline meetings with individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party that you met through the Website, it is at your sole risk. In addition, if you choose to submit content to the Website in an area that requires your real identity be disclosed, you do so at your sole risk and liability.

 

WEBSITE REGISTRATION

 

Registration

Some areas of the Website may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.

By creating an account on the Website you agree to our opt-in Newsletter. The Newsletter and its data is owned and operated by The Daily News. We reserve the right to use your registered email address in third party email campaigns. We will not reveal any personal identifying information to any third party and will attempt to conceal your email address.

Termination

You agree that at our sole discretion, and in our sole judgment, our agent or we may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

  • Violations of these Terms of Use
  • Violations of other posted rules of conduct
  • Violations of law or intellectual property rights
  • Harassment or belittling conduct toward individuals, companies or other third parties
  • An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules
  • Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation
  • Failure to provide real, verifiable information about your true identity where requested or instructed

Termination of a user’s account may include any of the following actions:

  • A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user’s files, uploads, content, and personally identifiable information. In such a case, neither The Daily News nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.
  • User data, including without limitation submitted content, errant code or personal information may also be hidden from public view, but not destroyed. In such a case, neither The Daily News nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.
  • Users who are terminated are prohibited from creating new accounts without prior written consent of The Daily News. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and The Daily News will determine in its sole discretion whether to reinstate.

Users may also appeal account termination by writing to

Webmaster/Online Participation

The Daily News

109 N. Lafayette Street

Greenville, MI 48838

 

When applying for a new account or appealing a termination decision, please include print outs of all relevant data, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that The Daily News will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.

 

LEGAL TERMS

 

Disclaimers

You expressly agree that use of our Site is at your sole risk.  Neither we, nor our representatives, affiliates, officers, directors, employees, agents, third-party content or service providers, or licensors represent or warrant that this site will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the Contents.  The Daily News reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site.  The Daily News may make any other changes to this site and its whole contents at any time without notice.

No Representations or Warranties as to Website

The website and all content provided by The Daily News or its affiliates, or its third party providers is distributed on an “as is” basis. The Daily News and its affiliates make no representations or warranties that operation of the website (or services or products obtained through the website) will be uninterrupted or error free and do not provide any warranty as to the use, sufficiency or accuracy of any content. All warranties, conditions, representations, indemnities and guarantees as to products and services provided by The Daily News and its affiliates, whether expressed or implied, arising by law, custom, prior oral or written statements by The Daily News, its affiliates, its agents or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, satisfactory quality, title or noninfringement) are hereby overridden, excluded and disclaimed.

Limitation of Liability

Under no circumstances will The Daily News or its affiliates (or their directors, employees or agents) be liable to you or any third person for any consequential, indirect, special, punitive or incidental damages, expense of any kind, or lost profits or lost data, whether foreseeable or unforeseeable, arising from your use of the Website, any applications available through the Website, or any of the Website content or other materials on, accessed through or downloaded from the Website regardless of whether such liability is based in tort, contract or otherwise.  In no event, including without limitation a negligent act, shall we or our representatives be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, products, or information on our site, your use of, or inability to use, our site generally, or otherwise in connection with this agreement, regardless of whether we have been advised of the possibility of such damages.  In addition, and notwithstanding anything to the contrary contained herein, The Daily News and its affiliates’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the Website product or service accessed by you, but in no case will such liability to you exceed $1000. You acknowledge that if no fees are paid by you for the Website, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from The Daily News or its affiliates, regardless of the cause of action. Further, you specifically acknowledge that your use of the site is a convenience, and that you have not relied upon the operation, use or information in the site for any reason whatsoever.  You further covenant not to sue or authorize a suit against the released parties where such suit, claim or cause of action arises from or relates to any allegation or assertion that you have relied upon the operation, use or information in the site to your detriment.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Limitation on Claims

Any claim, suit, or cause of action you may have with respect to your use of our Site or the content found thereon must be commenced within one (1) year after the claim, suit, or cause of action arises.

Third Party Limitation of Liability

In consideration of the privilege of using this site and the mutual promises within this agreement, you release and forever discharge released parties from all claims, causes of action, costs, charges, damages or liabilities of every kind and description, whether known or becomes known at a later time.  This includes but is not limited to all suits, claims, causes of action and damages accruing from or related to access of a third party site under any theory of liability.  You further agree to not sue or to authorize a suit against The Daily News, its affiliates, or its directors, agents, employees, or related personnel from actions relating to third parties.

Indemnity

You agree at your expense to indemnify and hold harmless The Daily News and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) the Website’s or The Daily News’ or its affiliate’s use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and (d) any violation of these Terms of Use by you (collectively “Claims”).

The Daily News reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.

General

a. Disputes: This Agreement will be governed, construed and enforced in accordance with the laws of the United States of America and the State of Michigan, without regard to its principles of the conflict of laws.  Any and all litigation arising from or relating to this Agreement or the Site or the Content, the products and services offered and described thereupon will be filed and prosecuted before any court of competent subject matter jurisdiction in the State of Michigan.  The parties hereto consent to the jurisdiction of such courts over them, stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to allege or assert the inconvenience, inefficiency or unfairness of proceeding in such courts.  The parties further agree to the service of process by overnight courier or electronic means, including without limitation, e-mail.

b. Entire Agreement: This Agreement constitutes the entire agreement between you and The Daily News and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and The Daily News with respect to your use of our Site and information, products and services associated with them. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 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.  Notwithstanding anything in this Section 11(b) to the contrary, this Agreement is subordinate to, and does not supersede, any other past, present or future agreement between you and The Daily News including without limitation, any click-through agreement to which you assent; to the extent that this Agreement conflicts with any such agreement, then the terms of this Agreement shall be reformed so as to be consistent with such agreement.

c. Term and Termination: Without limiting its other remedies, The Daily News may immediately discontinue, suspend, terminate or block your and any user’s access to this site at any time in our sole discretion.

d. Modifications to Agreement: We may revise this Agreement at any time and you agree to be bound by the revised Agreement.  Any such modifications will become effective upon the date they are first posted to our Site.  It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions.  The Daily News does not and will not assume any obligation to notify you of the changes.

Waiver

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Violations

Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, 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. (Please direct all general questions to webteam@thedailynews.cc)

CONTACT US

General Questions

If you have any questions about these Terms of Use, please contact us in one of the following ways:

  • E-mail us at; webteam@thedailynews.cc and insert only the words “Re: Terms of Use” in the subject line header of the email.
  • Write to us at:

Webmaster

The Daily News

109 N. Lafayette Street

Greenville, MI 48838

  • Call us at: (616)754-9301 and ask for The Daily News webmaster.

 

Copyright Violations

E-mail us at: webteam@thedailynews.cc and insert only the words “Re: Copyright Violation” in the subject line header of the email.