The todaysthv.com website
(the “Site”)
is owned and operated by todaysthv.com (“we” or “us”).
By using this Site, you agree to be bound by
these Terms of Service and to use the Site in
accordance with these Terms of Service, our Privacy
Policy and any additional terms and conditions
that may apply to specific sections of the Site
or to products and services available through
the Site. Accessing the Site, in any manner,
whether automated or otherwise, constitutes use
of the Site and your agreement to be bound by
these Terms of Service.
We reserve the right to change these Terms
of Service or to impose new conditions on
use of
the Site, from time to time, in which case
we will post the revised Terms of Service
on this
website. By continuing to use the Site after
we post any such changes, you accept the Terms
of Service, as modified.
Intellectual Property Rights
Our Limited License
to You. This Site and all
the materials available on the Site are the property
of us and/or our affiliates or licensors, and
are protected by copyright, trademark, and other
intellectual property laws. The Site is provided
solely for your personal noncommercial use. You
may not use the Site or the materials available
on the Site in a manner that constitutes an infringement
of our rights or that has not been authorized
by us. More specifically, unless explicitly authorized
in these Terms of Service or by the owner of
the materials, you may not modify, copy, reproduce,
republish, upload, post, transmit, translate,
sell, create derivative works, exploit, or distribute
in any manner or medium (including by email or
other electronic means) any material from the
Site. You may, however, from time to time, download
and/or print one copy of individual pages of
the Site for your personal, non-commercial use,
provided that you keep intact all copyright and
other proprietary notices. Information about
requesting permission to reproduce or distribute
materials from the Site can be found here brenfroe@kthv.gannett.com
Your License to Us. By posting or submitting
any material (including, without limitation,
photos and videos) to us via the Site, you
are representing: (i) that you are the owner
of the
material, or are making your posting or submission
with the express consent of the owner of the
material; and (ii) that you are thirteen years
of age or older. In addition, when you submit
or post any material, you are granting us,
and anyone authorized by 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 publicly perform or display such material,
in whole or in part, in any manner or medium,
now known or hereafter developed, for any purpose.
The foregoing grant shall include the right
to exploit any proprietary rights in such
posting
or submission, including, but not limited to,
rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction.
Also, in connection with the exercise of such
rights, you grant us, and anyone authorized
by
us, the right to identify you as the author
of any of your postings or submissions by
name,
email address or screen name, as we deem appropriate.
Limitations on Linking and Framing. You may
establish a hypertext link to the Site so long
as the link
does not state or imply any sponsorship of
your site by us or by the Site. However, you
may not,
without our prior written permission, frame
or inline link any of the content of the Site,
or
incorporate into another website or other service
any of our material, content or intellectual
property.
Notice of Copyright
Infringement. If you are a copyright owner who believes your
copyrighted
material has been reproduced, posted or distributed
via the Site in a manner that constitutes copyright
infringement, please inform our designated copyright
agent by sending written notice by U.S. Mail
to Gannett Co., Inc., 7950 Jones Branch Drive,
McLean, VA 22107, Attn: K. Jaske, or by email
to kjaske@gannett.com. Please include the following
information in your written notice: (1) a detailed
description of the copyrighted work that is allegedly
infringed upon; (2) a description of the location
of the allegedly infringing material on the Site;
(3) your contact information, including your
address, telephone number, and, if available,
email address; (4) a statement by you indicating
that you have a good-faith belief that the allegedly
infringing use is not authorized by the copyright
owner, its agent, or the law; (5) a statement
by you, made under penalty of perjury, affirming
that the information in your notice is accurate
and that you are authorized to act on the copyright
owner’s behalf; and (6) an electronic or
physical signature of the copyright owner or
someone authorized on the owner’s behalf
to assert infringement of copyright and to submit
the statement. Please note that the contact information
provided in this paragraph is for suspected copyright
infringement only. Contact information for other
matters is provided elsewhere in these Terms
of Service or on the Site.
Associated Press Materials. Some of the material
available on the Site is provided by the Associated
Press. By using this Site you agree and acknowledge
that (1) Associated Press text, photo, graphic,
audio, and/or video material shall not be published,
broadcast, rewritten for broadcast or publication
or redistributed directly or indirectly in any
medium and (2) no Associated Press materials
nor any portion thereof may be stored in a computer
except for personal and non-commercial use. The
Associated Press will not be held liable for
any delays, inaccuracies, errors or omissions
in its materials or in the transmission or delivery
of all or any part of its materials, or for any
damages arising from any of the foregoing.
Throughout the Site, we have provided links
and pointers to Internet sites maintained by
third parties. Our linking to such third-party
sites does not imply an endorsement or sponsorship
of such sites, or the information, products or
services offered on or through the sites. In
addition, neither we nor our parent or subsidiary
companies nor any of our respective affiliates
operate or control in any respect any information,
products or services that third parties may provide
on or through the Site or on websites linked
to by us on the Site.
THE INFORMATION, PRODUCTS
AND SERVICES OFFERED ON OR THROUGH THE SITE
AND ANY THIRD-PARTY SITES
ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT
THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN
BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible
for all hardware and/or software necessary to
access the Site. You assume the entire cost of
and responsibility for any damage to, and all
necessary maintenance, repair or correction of,
that hardware and/or software.
The Site is provided for informational purposes
only, and is not intended for trading or investing
purposes, or for commercial use. Stock and mutual
fund quotes, and related financial news stories
may be delayed at least 20 minutes, as may be
required by the stock exchanges and/or the financial
information services. The Site should not be
used in any high risk activities where damage
or injury to persons, property, environment,
finances or business may result if an error occurs.
You expressly assume all risk for such use.
Certain sections of the
Site may allow you to purchase many different
types of products and
services online that are provided by third parties.
We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of
these products and services. If you make a purchase
from a merchant on the Site or on a site linked
to by the Site, the information obtained during
your visit to that merchant’s online store
or site, and the information that you give as
part of the transaction, such as your credit
card number and contact information, may be collected
by both the merchant and us. A merchant may have
privacy and data collection practices that are
different from ours. We have no responsibility
or liability for these independent policies.
In addition, when you purchase products or services
on or through the Site, you may be subject to
additional terms and conditions that specifically
apply to your purchase or use of such products
or services. For more information regarding a
merchant, its online store, its privacy policies,
and/or any additional terms and conditions that
may apply, visit that merchant’s website
and click on its information links or contact
the merchant directly. You release us and our
affiliates from any damages that you incur, and
agree not to assert any claims against us or
them, arising from your purchase or use of any
products or services made available by third
parties through the Site.
You agree to be financially
responsible for all purchases made by you or
someone acting on
your behalf through the Site. You agree to use
the Site and to purchase services or products
through the Site for legitimate, non-commercial
purposes only. You also agree not to make any
purchases for speculative, false or fraudulent
purposes or for the purpose of anticipating demand
for a particular product or service. You agree
to only purchase goods or services for yourself
or for another person for whom you are legally
permitted to do so. When making a purchase for
a third party that requires you to submit the
third party’s personal information to us
or a merchant, you represent that you have obtained
the express consent of such third party to provide
such third party’s personal information.
The information contained
in any company directories that may be provided
on the Site is provided
for business lookup purposes and is not to be
used for marketing or telemarketing applications.
This information may not be copied or redistributed
and is provided “AS IS” without warranty
of any kind. In no event will we or our suppliers
be liable in any way with regard to such information.
This Site may include
a variety of features, such as bulletin boards,
web logs, chat rooms,
and email services, which allow feedback to us
and real-time interaction between users, and
other features, such as personalized home pages
and email services, which allow users to communicate
with others. Responsibility for what is posted
on bulletin boards, web logs, chat rooms, and
other public posting areas on the Site, or sent
via any email services on the Site, lies with
each user – you alone are responsible for
the material you post or send. We do not control
the messages, information or files that you or
others may provide through the Site. It is a
condition of your use of the Site that you do
not:
• Restrict or inhibit
any other user from using and enjoying
the Site.
• Use the Site
to impersonate any person or entity, or
falsely state or otherwise misrepresent
your affiliation with a person or entity.
• Interfere with
or disrupt any servers or networks used
to provide the Site or its features,
or disobey any requirements, procedures,
policies or regulations of the networks we
use to provide
the Site.
• Use the Site
to instigate or encourage others to commit
illegal activities or cause
injury or property damage to any person.
• Gain unauthorized
access to the Site, or any account, computer
system, or network connected
to this Site, by means such as hacking, password
mining or other illicit means.
• Obtain or attempt
to obtain any materials or information
through any means not intentionally
made available through this Site.
• Use the Site
to post or transmit any unlawful, threatening,
abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or
indecent information of any kind, including
without limitation
any transmissions constituting or encouraging
conduct that would constitute a criminal
offense, give rise to civil liability or otherwise
violate
any local, state, national or international
law.
• Use the Site
to post or transmit any information, software
or other material that
violates or infringes upon the rights of
others, including material that is an invasion
of privacy
or publicity rights or that is protected
by copyright, trademark or other proprietary
right, or derivative
works with respect thereto, without first
obtaining permission from the owner or rights
holder.
• Use the Site
to post or transmit any information, software
or other material that
contains a virus or other harmful component.
• Use the Site
to post, transmit or in any way exploit
any information, software or
other material for commercial purposes, or
that contains advertising.
• Use the Site
to advertise or solicit to anyone to buy
or sell products or services,
or to make donations of any kind, without
our express written approval.
• Gather for marketing
purposes any email addresses or other personal
information that
has been posted by other users of the Site.
You understand that we have no obligation to
monitor any bulletin boards, chat rooms, web
logs, or other areas of the Site through which
users can supply information or material. However,
we reserve the right at all times to disclose
any information we believe necessary to satisfy
any law, regulation or governmental request,
or to refuse to post or to remove any information
or materials, in whole or in part, that in our
sole discretion are objectionable or in violation
of these Terms of Service. We also reserve the
right to deny access to the Site or any features
of the Site to anyone who violates these Terms
of Service or who, in our sole judgment, interferes
with the ability of others to enjoy our website
or infringes the rights of others.
To access certain features
of the Site, we may ask you to provide certain
demographic information
including your gender, year of birth, zip code
and country. In addition, if you elect to sign-up
for a particular feature of the Site, such as
chat rooms, web logs, or bulletin boards, you
may also be asked to register with us on the
form provided and such registration may require
you to provide personally identifiable information
such as your name and email address. You agree
to provide true, accurate, current and complete
information about yourself as prompted by the
Site’s registration form. If we have reasonable
grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right
to suspend or terminate your account and refuse
any and all current or future use of the Site
(or any portion thereof). Our use of any personally
identifiable information you provide to us as
part of the registration process is governed
by the terms of our Privacy
Policy.
To use certain features
of the Site, you will need a username and password,
which you will
receive through the Site’s registration
process. You are responsible for maintaining
the confidentiality of the password and account,
and are responsible for all activities (whether
by you or by others) that occur under your password
or account. You agree to notify us immediately
of any unauthorized use of your password or account
or any other breach of security, and to ensure
that you 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 protect your password or account information.
When you submit a classified ad for publication
on the Site, you agree that the advertisement
as it appears on the Site becomes our property
and you assign all ownership interest in the
advertisement as it appears on the Site under
copyright law or otherwise to us. Submission
of an advertisement does not constitute a commitment
to publish the advertisement, and publication
of an advertisement does not constitute an agreement
for continued publication. We will accept only
standard abbreviations and require proper punctuation.
We reserve the right to edit, reclassify, revise,
reject or cancel any advertisement at any time,
in our sole discretion. Rates and specifications
are subject to change.
The Federal Fair Housing
Act makes it illegal to advertise “any preference, limitation,
or discrimination because of race, color, religion,
sex, handicap, familial status, or national origin,
or intention to make any such preference, limitation,
or discrimination.” State law may also
forbid discrimination based on these factors
and others. We will not knowingly accept any
advertising for real estate which is in violation
of the law. All persons are hereby informed that
all dwellings advertised are available on an
equal opportunity basis. To complain of discrimination
call the U.S. Department of Housing and Urban
Development at 800-669-9777.
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE SITE, INCLUDING
ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY
MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE
THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY
AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT
COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF ANY USER. IF YOU ARE DISSATISFIED WITH THE
SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE’S TERMS
AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE.
We may cancel or terminate your right to use
the Site or any part of the Site at any time
without notice. In the event of cancellation
or termination, you are no longer authorized
to access the part of the Site affected by such
cancellation or termination. The restrictions
imposed on you with respect to material downloaded
from the Site, and the disclaimers and limitations
of liabilities set forth in these Terms of Service,
shall survive.
This agreement constitutes the entire agreement
between us and you with respect to the subject
matter contained in this agreement and supersedes
all previous and contemporaneous agreements,
proposals and communications, written oral. You
also may be subject to additional terms and conditions
that may apply when you use the products or services
of a third party that are provided through the
Site. In the event of any conflict between any
such third-party terms and conditions and these
Terms of Service, these Terms of Service shall
govern. This agreement shall be governed by and
construed in accordance with the laws of the
State of New York without giving effect to any
principles of conflicts of law. If any provision
of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision
shall be deemed severable from this agreement
and shall not affect the validity and enforceability
of any remaining provisions.
Updated on February
22, 2007
