PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
TheNewsGuard.com, hereafter referred to as The News Guard, is a web site of Country Media, Inc. The News Guard offers the TheNewsGuard.com web site (the "Web Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. The News Guard may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.
PERSONAL AND NONCOMMERCIAL USE
The Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to The News Guard that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
RULES AND CONDITIONS FOR CONTRIBUTING CONTENT
All users who live in or visit Oregon’s north coast and are of the ages 14 and over are encouraged to contribute information and pictures to www.TheNewsGuard.com. We reserve the right to terminate any accounts that do not fit this description. You agree not to knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Web site. In posting comments on the contributions of others, you agree not to harass other participants. You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person. You may not post information or links that are obscene or pornographic. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted test, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You assert that the information and pictures you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant The News Guard an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form. You agree not to directly or indirectly solicit responses from minors. A minor is defined as anyone under 18 years of age. You agree not post any item for sale. The News Guard does not endorse and is not responsible for any statement, opinion or advice given or made in posts.
Your use of the The News Guard service is at your own risk. The News Guard does not guarantee any prior review of notes posted to categories, but it reserves the right in its sole discretion and for any reason to delete or redirect any information or other content posted to The News Guard, regardless of whether the information or other content violates the rules for content described in above policies. Further, The News Guard reserves the right to limit or terminate service to participants who violate the terms of this Agreement. In no event will The News Guard be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the The News Guard discussion forums, or any information or services provided on The News Guard, even if The News Guard has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on TheNewsGuard.com. The News Guard is not responsible for censoring or monitoring postings but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove posts at its sole discretion and without explanation. These posting rules may be revised over time. We will post those changes prominently so that you will always know what type of posts we prohibit. We do, however, recommend that you read this notice each time you use The News Guard, in case you missed our notice of changes.
The News Guard is not a store or "e-commerce" provider, and it is the SOLE RESPONSIBILITY of buyers and sellers to complete transactions. This Web Site acts as a venue to allow anyone to offer, sell, and buy items from one other. The News Guard 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. The News Guard cannot ensure that a buyer or seller will actually complete a transaction, and The News Guard does not transfer legal ownership of items.
You are advised that The News Guard cannot vouch for the safety of offline meetings of individuals you meet through The News Guard, and such meetings are held at your sole risk. Furthermore, you are advised to not divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses or URLs. If you do provide this information to a third party met through the The News Guard website, it is at your risk and you agree not to hold The News Guard liable for anything that results from such meetings.
The News Guard retains full copyright ownership, rights and protection in all material contained on the Web Site, including but not limited to material submitted by community contributors. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Web Site. You may, however, make single copies of materials displayed on the Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from The News Guard or the copyright owner of the copied material. None of the material contained on the Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of The News Guard. All content of The News Guard is Copyright © 2010 The News Guard. All rights reserved.
Neither The News Guard nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. If your use of the Web Site results in the need for servicing or replacing property, material, equipment or data, The News Guard is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of The News Guard. The News Guard reserves the right to change or discontinue at any time any aspect or feature of the Web Site. The News Guard does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, other than that which you provided, is at your own risk. The News Guard reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of The News Guard. Accordingly, The News Guard assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE NEWS GUARD IS PROVIDED TO YOU "AS IS"; AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE NEWS GUARD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR THE NEWS GUARD SERVICES. LIMITATION OF LIABILITY IN NO EVENT SHALL THE NEWS GUARD OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NEWS GUARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEWS GUARD SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. INDEMNIFICATION
You agree to defend, indemnify and hold The News Guard, its officers, directors, employees and agents, content contributors, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. The News Guard shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by The News Guard of the sites, but is for your reference and convenience only. The News Guard has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to The News Guard. Nor does The News Guard recommend or endorse any specific tests, products or procedures that may be mentioned on or represented in advertisements on the Web Site. Visiting off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site. The Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, The News Guard does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site. Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. The News Guard reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within The News Guard must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within The News Guard.
You agree that The News Guard may terminate your use of the Web Site, if The News Guard reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of The News Guard or any third party, or for any reason with or without notice to you. You agree that The News Guard may modify or discontinue The News Guard, with or without notice to you. You agree that The News Guard will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled "Your Submissions" Disclaimer of Warranties, "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.
You expressly agree that exclusive jurisdiction for any dispute with The News Guard, or in any way relating to your use of The News Guard ("Legal Action"), resides in the courts of the County of Clatsop, State of Oregon. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Oregon in connection with any such dispute. These Terms and Conditions are governed by the internal substantive laws of the State of Oregon, without regard to conflict of law principles. If any provision of these Terms and Conditions are 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 and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to The News Guard must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
The News Guard may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in your The News Guard account information. You may give notice to The News Guard, at any time via electronic mail to firstname.lastname@example.org or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
The News Guard
P.O. Box 848
Lincoln City, OR 97367