movetodecorah.com INTERACTIVE SERVICE
AGREEMENT
1. Definitions.
"movetodecorah.com" is the interactive
on-line service operated by decorahnews.com on the World Wide Web
of the Internet, consisting of information services and content provided by
decorahnews.com and other third parties. "Subscriber" means each
person who establishes or accesses a connection ("Account") for access
to and use of decorahnews.com.
2. General.
(A) This Agreement, which incorporates by
reference other provisions applicable to use of decorahnews.com, governing the
use of certain specific material contained in decorahnews.com, sets forth the
terms and conditions that apply to use of decorahnews.com by Subscriber. By
using movetodecorah.com (other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and conditions hereof. The
right to use movetodecorah.com is personal to Subscriber and is not transferable
to any other person or entity. Subscriber is responsible for all use of
Subscriber's Account (under any screen name or password) and for ensuring that
all use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the confidentiality of
Subscriber's password(s), if any.
(B) decorahnews.com shall have
the right at any time to change or discontinue any aspect or feature of
movetodecorah.com, including, but not limited to, content, hours of availability
and equipment needed for access or use.
3. Changed Terms.
decorahnews.com shall have the right at any
time to change or modify the terms and conditions applicable to Subscriber's
use of movetodecorah.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon
notice thereof, which may be given by means including, but not limited to,
posting on movetodecorah.com, or by electronic or conventional mail, or by any
other means by which Subscriber obtains notice thereof. Any use of
movetodecorah.com by Subscriber after such notice shall be deemed to constitute
acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining
and maintaining all telephone, computer hardware and other equipment needed for
access to and use of movetodecorah.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use movetodecorah.com for
lawful purposes only. Subscriber shall not post or transmit through
movetodecorah.com any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without decorahnews.com's express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a Subscriber
that in decorahnews.com’s discretion restricts or inhibits any other
Subscriber from using or enjoying movetodecorah.com will not be permitted.
Subscriber shall not use decorahnews.sports to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users to become
subscribers of other on-line information services competitive with
decorahnews.com.
(B) movetodecorah.com contains copyrighted
material, trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound, and the
entire contents of movetodecorah.com are copyrighted as a collective work under
the United States copyright laws. decorahnews.com owns a copyright
in the selection, coordination, arrangement and enhancement of such content, as
well as in the content original to it. Subscriber may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in
any way exploit, any of the content, in whole or in part. Subscriber may
download copyrighted material for Subscriber's personal use only. Except as
otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of decorahnews.com
and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. Subscriber
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
(C) Subscriber shall not upload, post or
otherwise make available on movetodecorah.com any material protected by copyright,
trademark or other proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting from
such a submission. By submitting material to any public area of
movetodecorah.com,
Subscriber automatically grants, or warrants that the owner of such material has
expressly granted decorahnews.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. Subscriber also permits any other Subscriber to access, view,
store or reproduce the material for that Subscriber's personal use. Subscriber
hereby grants decorahnews.com the right to edit, copy, publish and
distribute any material made available on movetodecorah.com by Subscriber.
(D) The foregoing provisions of Section 5 are
for the benefit of decorahnews.com, its subsidiaries, affiliates
and its third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF
movetodecorah.com IS AT SUBSCRIBER'S SOLE RISK. NEITHER DECORAHNEWS.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT movetodecorah.com WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF movetodecorah.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH movetodecorah.com.
(B) movetodecorah.com IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER
SPECIFICALLY ACKNOWLEDGES THAT CNN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL DECORAHNEWS.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING movetodecorah.com OR THE movetodecorah.com SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
movetodecorah.com. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON movetodecorah.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE,
NEITHER DECORAHNEWS.COMNOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN movetodecorah.com, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS
OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO
THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
DECORAHNEWS.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER DECORAHNEWS.COM, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
decorahnews.com shall have the
right, but not the obligation, to monitor the content of movetodecorah.com,
including chat rooms and forums, to determine compliance with this Agreement and
any operating rules established by decorahnews.com and to satisfy
any law, regulation or authorized government request. decorahnews.com shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on movetodecorah.com. Without limiting
the foregoing, decorahnews.com shall have the right to remove any
material that decorahnews.com, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and
hold harmless decorahnews.com, its affiliates and their respective
directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of movetodecorah.com
by Subscriber or Subscriber's Account.
9. Termination.
Either decorahnews.com or
Subscriber may terminate this Agreement at any time. Without limiting the
foregoing, decorahnews.com shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber which
decorahnews.com, in its sole discretion, considers to be
unacceptable, or in the event of any breach by Subscriber of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall
survive termination of this Agreement.
10. Trademarks.
movetodecorah.com and its logos are trademarks of
decorahnews.com. All rights reserved. All other trademarks appearing on
movetodecorah.com
are the property of their respective owners.
11. Third Party Content.
decorahnews.com is a distributor
(and not a publisher) of content supplied by third parties and Subscribers.
Accordingly, decorahnews.com has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Subscribers
or any other user of movetodecorah.com, are those of the respective author(s) or
distributor(s) and not of decorahnews.com. Neither decorahnews.com nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available
through movetodecorah.com represents the opinions and judgments of the respective
information provider, Subscriber, or other user not under contract with
decorahnews.com. decorahnews.com neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on movetodecorah.com by anyone other than authorized decorahnews.com employee spokespersons while acting in their official capacities. Under
no circumstances will decorahnews.com be liable for any loss or
damage caused by a Subscriber's reliance on information obtained through
movetodecorah.com. It is the responsibility of Subscriber to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or
other content available through movetodecorah.com. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for
movetodecorah.com established by decorahnews.com constitute the
entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in accordance
with the laws of the State of Iowa, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be given any
legal import.
13. Copyrights and Copyright Agent.
movetodecorah.com respects the
rights of all copyright holders and in this regard, decorahnews.com
has adopted and implemented a policy that provides for the termination in
appropriate circumstances of subscribers and account holders who infringe the
rights of copyright holders. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide decorahnews.com's Copyright Agent the following information required by the Online
Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. Identification of the copyright work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site;
3. Identification of the material that is
claimed 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 reasonably
sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit
us to contact the complaining party;
5. A statement that the complaining party has
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; and
6. A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
For copyright inquiries under the Digital
Millennium Copyright Act please contact:
Copyright Agent
decorahnews.com
405 E. Broadway St.
Decorah, IA 52101
Phone: (563) 380-8784
Fax: (563) 382-8785
Email:
news@decorahnews.com
For web posting, reprint, transcript or
licensing requests for decorahnews.com material, please contact
news@decorahnews.com
For any questions or requests other than
copyright issues or licensing requests, please contact
news@decorahnews.com