Terms of Use

Terms of Use (Effective December 28, 2006)

Consent to Terms Please read these Terms of Use before using The Verde Independent Web site or any features of our Web site, including, but not limited to, the Message Boards and Blogs (collectively, the "Web site" or the "Service"). By using the Service, you agree to abide and be bound by these terms of use. The newspaper reserves the right, in its sole discretion, to modify these terms at any time by posting updated terms of use on the Web site. You agree to abide and be bound by such modifications, which shall be effective immediately upon posting.

Copyrights The contents of The Verde Independent Web site are protected by U.S. and international copyright laws.

The Verde Independent Web sites contain material and content derived in whole or in part from the newspaper and various other sources. The Service and its contents and technology are protected under intellectual property rights, such as copyright and trademark. You may not modify, copy, sell, reproduce, republish, upload, post, transmit, broadcast, distribute or otherwise use in any way any content, material, information, services, software or code displayed on, transmitted through or used in connection with the Service, without the prior written consent of The Verde Independent. You may download material from the Service for your personal, non-commercial use only, provided you keep intact call copyright, trademark and other proprietary notices. [Specific restrictions on use of Associated Press (“AP”) material: AP text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors, or omissions therefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the above.]

Trademarks The Verde Independent is a service mark of Western News & Info, Inc. All rights reserved. You may not use any PNI service marks, logos or graphics without our prior written consent.

Framing The Verde Independent does not allow framing of its Web sites.

Links to our Web Sites The Verde Independent is an organization committed to the highest journalistic ethics and standards and to independent journalism. Therefore, linking should not (a) suggest that The Verde Independent promotes or endorses any person’s or entity’s causes, ideas, Web sites, political campaign, products or services, or (b) use our content for any commercial purpose. The Verde Independent requires prior written approval for linking to its site(s). We reserve the right to withdraw permission for any link.

Links to Third Party Sites The Verde Independent has provided links to Internet sites maintained by third parties, over which the Verde Independent has no control. We do not endorse the content, operators, products or services of such sites, and the Verde Independent is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. The Verde Independent 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, products or services available on or through such sites.

Fees and Payments The Verde Independent reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time The Verde Independent requires a fees for portions of the Service that are now free, The Verde Independent will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All fees and charges shall be billed to and paid by you. You shall pay all applicable taxes relating to use of the Service through your account. Refunds are available on a case by case basis upon request. Any refunds for a partially used subscription will be charged a $10 processing fee. There are no refunds for any discounted subscription orders.

Use of the Service If you use the Service, including the Messages Boards or Blogs, or submit essays, e-mail messages or other information via www.courieraz.com or www.prescottaz.com, you agree to abide by and be bound by the following:

  1. You may not post, upload, or transmit any material or links to material that is libelous, defamatory, false, misleading, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, racist, vulgar, invasive of another’s privacy, illegal, constitutes hate speech, or harms minors in any way. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence will not be tolerated. Debate, but don’t attack. The Verde Independent encourages vibrant discussions and welcomes active debate in its discussion forums. But personal attacks are not tolerated, and are a direct violation of these Terms of Use.

  2. You agree not to impersonate (for example, by using another person’s name or email address on The Verde Independent site) any other person or entity including but not limited to any Prescott Newspapers Inc. official or employee.

  3. You may only post, upload, or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral, or proprietary rights, or fiduciary rights, e.g. confidential information or trade secrets. You promise and represent that any posted, uploaded, or transmitted materials will be owned by you or in the public domain. No music and graphics shall be uploaded to Message Boards and Blogs or other parts of the Service.

  4. The Service can be used only for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for, or endorsement of, goods and services.

  5. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, impersonate others, solicit for criminal activities, distribute mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Service.

  6. You hereby grant The Verde Independent a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display in all media, whether or not now known, any material posted, uploaded, or transmitted by you on the Service.

  7. Persons younger than eighteen (18) MUST obtain parental permission before registering to use the Message Boards and Blogs. Children under the age of thirteen (13) are not eligible to participate in the discussions or provide any information to the Message Boards and Blogs or otherwise to The Verde Independent.

  8. You are solely responsible for any and all content posted, uploaded, or transmitted using your account. Generally, The Verde Independent does not review all content on the Message Boards and Blogs. You agree that WNI is not responsible or liable for any materials posted, uploaded, or transmitted on the Message Boards and Blogs or through the Service. However, you agree that the newspaper has the right (but not the obligation) to delete, edit or move any material that it deems, in its sole discretion, to be in violation of the Rules of the Message Boards and Blogs or which it otherwise, in its sole discretion, considers to be objectionable or contrary to company policy.

  9. You understand and agree that The Verde Independent, Prescott Newspapers Inc. or its parent company, Western News&Info, Inc., is not responsible for any content posted on the Web site by third parties.

  10. WNI and its subsidiaries cannot verify the accuracy of statements that users place on the Message Boards and Blogs, and does not guarantee that any material has been posted with the permission of the copyright or proprietary owner or is otherwise in compliance with these Terms of Use. You acknowledge and agree that you use and/or rely on any information obtained through the Message Boards and Blogs at your own risk. WNI, PNI and The Verde Independent are not in any manner endorsing the content of these discussion forums and cannot and will not vouch for their reliability.

  11. You acknowledge that WNI et al has the right to limit or terminate access to the Service for any reason, including violation of these Terms of Use.

Representations; Indemnity You represent and warrant that (a) any material you post, upload or transmit on a Message Board and/or Blog or on or through the Service does not and will not violate these Terms of Use, and (b) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless WNI and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted in the Message Boards or Blogs or on or through the Service, or (4) WNI's publication, distribution or use of such materials.

Disclaimer The Verde Independent, PRESCOTT NEWSPAPERS INC. AND WESTERN NEWS&INFO, INC. DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LIMITED, GENERAL, OR OTHER. WNI’S SERVICES ARE PROVIDED ON AN “AS-IS” BASIS.

WNI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES WNI MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL WNI, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE.

Copyright Agent WNI respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, provide the following information in writing to WNI's Copyright Agent: 1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright. 2. a description of the copyrighted work that you claim has been infringed. 3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material. 4. your contact information such as address, telephone number and e-mail address. 5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

International Users The Service is controlled and operated within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

RSS Feeds verdenews.com provides headline feeds free of charge for personal, non-commercial use. If an RSS feed is posted on a personal web site, it must be limited to displaying only the headline and a sentence of introduction (brief), and must provide attribution to our web site along with a clickable link to the full story on our site. verdenews.com reserves the right to require that you cease distributing these feeds at any time for any reason.

Miscellaneous These Terms of Use, together with the Privacy Policy and New User Registration, represent the entire understanding of the parties regarding the use of the WNI Web sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These Terms of Use shall be governed by and construed under Arizona law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in Arizona. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. The failure of WNI to enforce any right or provision in the Terms of Use and Privacy policies shall not constitute a waiver of such right or provision. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.

Passwords To access certain features of the site a username and password may be required through the sites registration process. WNI will not be responsible or held liable for any loss or damage arising from your failure to protect the confidentiality of your username and password. If any unauthorized activity occurs under your username and password you agree to contact WNI immediately.

Classified Advertising Please check your ad the first day. Report any errors immediately. Credit can/may be given for only one incorrect insertion. When you submit a classified advertisement you agree as it appears on the Site and becomes property of WNI and does not commit WNI to publish the advertisement. WNI reserves the right to edit, reclassify, revise, reject or cancel any advertisement any time, in our sole discretion, Rates are subject to change.

WNI does not, and will not knowingly accept any advertisement that may be misleading, deceptive, fraudulent, unlawful, is immorally suggestive or in bad taste. Any advertising, which tends to destroy the confidence of our readers, is unacceptable.

Real Estate Advertisements; Equal Housing Opportunity WNI will not accept any advertisement which, will irritate the sensibilities of, or will result in harm or insult to, any segment of our readers. Any advertising that casts unfavorable reflection, directly or indirectly upon any individual, group, race, creed, religion, sex, color, handicap, familial status, or national origin

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