Acceptance of Terms
Welcome to Times-Union Media (the “Site”). LubbockOnline.com is a service provided by LubbockOnline.com and its affiliates (the “Provider”), and is provided for your use subject to the following terms and conditions of use (the “Terms”). By using this Site or the services in any way, you accept these Terms and agree to abide by them. Please read them carefully. Additionally, you agree to abide by any applicable posted guidelines for all Scene-related services, which may change from time to time. Should you object to any of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with this Site in any way, your sole recourse is to discontinue use of this Site and its services. Provider reserves the right to terminate any user account and deny access to the Site to any person who violates these Terms.
Links to External Sources
The Site and Content available through it may contain links to other, external websites and sources, which are completely independent of LubbockOnline.com. Provider makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site that is not a part of this Site. Your linking to any other websites is at your own risk. The inclusion of a link to an external site does not imply, nor should you infer, an endorsement of the external site.
Use of Member Accounts
You are limited to one member account, which means you are limited to the registration of one user name. Persons discovered to have multiple accounts or user names may be temporarily suspended, or permanently banished, from the Site. Using a name other than your own legal name is prohibited (except in those specific areas of the Site that specifically ask for unique, fictitious names, e.g., your display name, certain message boards and chat rooms).
All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the “Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify Provider as provided below.
Communications and Postings; Grant of Copyright
By providing information to, communicating with, and/or placing material on, the Site, including but not limited to the registration process, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not cause injury to any person or entity. For all such information and material, you grant Provider, its affiliates and related entities, and its affiliated newspaper, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Provider to share the information across all affiliated web sites, to include the information in a searchable format accessible by users of the Site and other affiliated web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant Provider the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the requirement of compensation of any sort to you. Subpart (ii) of the above warranties contained in this paragraph numbered 8 shall not apply to those contests where Scene requests Members submit photos or images which have been manipulated.
The posting of spam to the Site, or the sending of spam to members of the Site, is expressly prohibited. Violations of this restriction may result in the permanent banishment from the Site. Additionally, you understand and agree that sending unsolicited email advertisements to members of the Site or through Provider computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Georgia. Any unauthorized use of Provider computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. � 1030 et seq.), and the Georgia Computer Systems Protection Act (O.C.G.A. � 16-9-90 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
Linking to the Site
If you desire to link to Site, you may do so; provided, however, that you follow the following conditions: (i) you agree to cease such link immediately upon request of Provider at any time; (ii) you agree not to frame the target web page in such a fashion to imply that the web page is owned or operated by you or another person or party other than Provider; (iii) you do not scrape or otherwise copy the Content without the prior, written permission of Provider; (iv) all links must be referenced to a web page within the site, not a discrete image or media file.
Please note Provider does not accept unsolicited materials or ideas for use or publication in newspapers, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Provider. Should you send any unsolicited materials or ideas, you do so with the understanding no consideration of any sort will be provided to you, and you are waiving any claim against Provider and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Notification of Claims of Infringement
Provider respects the intellectual property of others. If you believe that your work has been copied and posted to the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Provider’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), via email at wecanhelp@LubbockOnline.com or by postal mail at:
710 Avenue J
Lubbock, Texas 79408
In your Notice, please:
Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it; Provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; Provide your name, address, telephone number, and email address; Provide your physical or electronic signature; and Provide a statement by you declaring “Under penalty of perjury, (a) the above information is accurate, and (b) I am the owner of the copyright interest involved, or am expressly authorized to act on behalf of the copyright owner.”
Provider will investigate all Notices received and may remove infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (“DMCA”).
Some areas within the Site and our network of websites may require a credit card payment before access is granted. If you sign up for any of these services, you agree to pay all subscription fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You acknowledge and agree that we may bill charges automatically to your credit card. All fees will be billed at the beginning of your subscription or any renewal (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access the Site through an Internet access provider or other third party service. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of fees for the renewal term to your credit card.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Provider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Provider, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Site, your use of the Site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
This Site is controlled, operated and administered by Provider from its offices within the United States, and is designed to be used primarily by users and members in and around the local community. Provider makes no representation that materials or Content available via the Site are appropriate for use outside the United States, and access to them from territories where such materials or Content may be illegal is prohibited. If you access this Site from outside the United States, you are responsible for complying with all laws that may apply to you.
Provider reserves the right to change these Terms at any time.