Mojave Desert News : Terms

Terms

Website Terms of Use

Please read these terms of use carefully before using this website

These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use the websites operated by Sterling Publications Int. LLC (Sterling Publications) and certain of Sterling's subsidiaries, including this website (the "Websites").

User Agreement

BY USING THIS WEBSITE YOUR REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITES.

Your use of this Website is contingent on the foregoing agreement, and if you do not agree, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. Sterling Publications Int. LLC/Mojave Desert News may change these Terms of Use at anytime by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any such changes.

WEBSITE AND CONTENT

Website Availability

We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.

In addition, the Website contains links to other Internet sites, resources, and sponsors or advertisers on the Website. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site.

Copyright

All content on the Website is protected by copyright, and owned or controlled by Sterling Publications, or the part accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any contest accessed through the Website.

Personal Non-Commercial Use

This Website is for your personal and noncommercial use only. This Website uses the Creative Commons licensing standards (www.creativecommons.org.). By using this Website, you agree to be bound by the Creative Commons license associated with this Website. The terms of the license are available through a link located at the bottom of each page of the Website. You may download or copy the content on this Website for personal use, but only if you preserve and display all copyright and other notices relating to that content. Any other use of the content is prohibited without prior written permission from Sterling Publications (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content.

Links/Advertisements/Search Engines

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by Sterling Publications or its affiliates of these sites, but is for your reference on convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

The Website also contains advertisements by third parties. Unless otherwise stated on the Website we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Website (including "deep linking" to articles or pages within site), provided that (1) the hyperlink text accurately describes the content as it appears on the Website, (2) no "scraping" of the content by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than its complete originally displayed format), (3) under no circumstances may you "frame" the Website or any of its content or copy portions of the Website to the server, except as part of an Internet service provider's incidental caching of pages and (4) each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), unaltered without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials no to originally displayed on the page within the Website. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below).

Search engines and indexing agents are required to obey the Robots.txt file relating to the Website and its contents.

Commercial Transactions

Certain portions of the Website may act as a venue to allow anyone to offer, sell and buy items form one other. However, the Website is not a store or "e-commerce" provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website 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. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.

No Representations of Warranties

Sterling Publications and its affiliates make no representations or warranties as to the validity,

truthfulness, accuracy or legality of any content on the Website, including without limitation any content submitted by any user (see Legal Terms below).

USER CREATED CONTENT

Submissions

You must be at least 13 years old to contribute content to this Website.

By submitting any material (text, photos, videos or other content) to Sterling Publications either through the Website or physical delivery, you agree to be bound by these Terms of Use, and to the terms of the Website's Creative Commons license as to other users of the Website. The Creative Commons license terms are available through the link in the footer of the Website and may be updated at anytime. It is your responsibility to review and understand these terms at the time of your submission. Under this Creative Commons license you retain copyright ownership but agree to free, non-commercial redistribution and use of your content by other users, and to Sterling Publications and its affiliates as described below.

Through your submission of any materials of any kind (whether text, photos, video or other content) you grant to Sterling Publications and its affiliates the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of , in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively "Use") the content submitted by you with no monetary compensation at any time. By making any submission you waive any moral rights you may have if the materials are changed in a manner not agreeable to you. Sterling Publications has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content.

Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties.

You are solely responsible for all content that you post, email or otherwise make available through the Website.

For all content provided by you, you agree to indemnity. Sterling Publications and its affiliates as provided in Legal Terms below.

Content Submission Rules and Restrictions

Termination

You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

*Violations of these Terms of Use

*Violations of other posted rules of conduct

*Violations of law or intellectual property rights

*Harassment or belittling conduct toward individuals, companies or other third parties

*An expression of your unwillingness to abide by these terms and conditions, or other clearly

posted site rules.

*Failure to abide by the instructions for guidelines of forum moderators, editors or other

authorized members of the community to provide such moderation.

*Failure to provide, real, verifiable information about your true identity where requested or

Instructed

Termination of a user's account may include any of the following actions:

A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user's files, uploads, content and personally identifiable information.

In such a case, neither Sterling Publications nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.

User data, including without limitation submitted content, errant code or personal information may also be hidden from public view, but not destroyed. In such a case, neither Sterling Publications nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.

Users who are terminated are prohibited from creating new accounts without prior written consent of Sterling Publications. Users who are terminated for cause may apply for a new account after more than 30 days has passed, and Sterling Publications will determine in its sole discretion whether to reinstate. Users may also appeal account termination by writing to:

Sterling Publications

PO Box 2413

California City, CA 93504

When applying for a new account, or appealing a termination decision, please include print outs of all relevant date, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that Sterling Publications will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.

LEGAL TERMS

No Representations or Warranties as to Website

The Website and all content provided by Sterling Publications or its affiliates, or its third party providers is distributed on an "as is" basis, Sterling Publications and its affiliates make no representations or warranties that operation of the website (or any services or products obtained through the website) will be uninterrupted or error free and do not provide any warranty as to the use, sufficiciency or accuracy of any content. All warranties, conditions, representations, indemnities and guaranties as to products and services provided by Sterling Publications and its affiliates, whether express or implied, arising by law, custom, prior oral or written statements by Sterling Publications, its affiliates, its agents or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, satisfactory quality, title or non-infringement) are hereby overridden, excluded and disclaimed.

Limitation of Liability

Under no circumstances will Sterling Publications or its affiliates (or their directors, employees or agents) be liable to you for any third person for any consequential, indirect, special, punitive or incidental damages, or lost profits or lost date, whether foreseeable or unforeseeable, arising from your use of the website, any applications available through the website, or any of the website content or a\other materials on, accessed through or downloaded from the website, in addition, and notwithstanding anything to the contrary contained herein, Sterling Publications and its affiliates liability to you for any cause whatsoever, and regardless of the form of the action will at all times be limited to the amount paid, if any, by you for the website product or service accessed by you, but in no cast will such liability to you exceed $1000. You acknowledge that if no fees are paid by you for the website you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Sterling Publications or its affiliates, regardless of the cause of action.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

Indemnity

You agree at your expense to indemnify and hold harmless Sterling Publications and its affiliates and each of their respective partners, suppliers, licensors, officers , directors, shareholders, employees, representatives, contractors and agents from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages there from (including attorneys fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) the Website's or Sterling Publications or its affiliates use of any content or information you provide as long as our use is not inconsistent with these Terms of Use: (c) information or material posted or transmitted through your registration account of user ID, even if not posted by you; and, (d) any violation of these Terms of Use by you (collectively "Claims).

Sterling Publications reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you or your obligation to indemnify as provided above.

Governing Law and Venue

The agreement regarding these Terms of Use has been made in and shall be construed and enforced in accordance with New York law, without regard to its principles of the conflicts of law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York City, and you hereby waive any objections to such action. Any case of action you may have with respect to the Website Terms of Use must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Severability; Waiver

If any provision of these Terms of Use is 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 of Use which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Violations

Users are prohibited from uploading, posting or otherwise transmitting on the Website any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the digital Millennium Copyright Act. If you believe that any material on the Website infringes upon any copyright which you own or control, please notify us at Copyrights@SterlingPulications.com. (Please direct all general questions to admin@desertnews.com).

Informational Purposes

The information on the Website is provided solely for informational purposes, and does not constitute professional advice. You should not rely on this Website except as an informational resource.

General Questions:

If you have any questions about these Terms of Use, please contact us in one of the following ways:

E-Mail us at: admin@desertnews.com and insert only the words "Re: Terms of Use" in the subject line header of the email.

Write to us at:

Webmaster

Sterling Publications

PO Box 2413

California City, CA 93504

Call us at 800-541-4460 and ask for the Webmaster

Copyright violations

E-Mail us at

admin@desertnews.com and insert the words "Re: Copyright Violation" in the subject line header of the email.

 

Last revised May 2011

 

 

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