Terms of Service
Terms of Service | ToS
This site (the “Site”) is operated by The Pendleton-Gazettte. It is intended for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. If you do not agree with all of the following Terms of Service, please do not use this Site.
We, The Pendleton-Gazettte reserve the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of change’s and/or modifications will constitute your acceptance of these Terms of Service.
USE OF MATERIALS CONTAINED ON THIS SITE
The Site contains material that is derived in whole or in part from material supplied by us and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of the Pendleton-Gazettte’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without the express written consent is prohibited.
CREATIVE SUBMISSIONS and COMMUNICATIONS
We do not accept or consider creative ideas, suggestions or materials other than those the Pendleton-Gazettte has specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by the Pendleton-Gazettte’s staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of the Pendleton-Gazettte. None of the Information shall be subject to any obligation of confidence on the part of the Pendleton-Gazettte’s and the Pendleton-Gazettte shall not be liable for any use or disclosure of any Information. the Pendleton-Gazettte shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting the Pendleton-Gazettte’s a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, “service-mark” or patent laws under any relevant jurisdiction.
RULES OF CONDUCT
It is a condition of your use of this Site that you do not:
1. Restrict or inhibit any other user from using and enjoying the Pendleton-Gazettte;
2. Transmit or upload or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
3. Transmit or upload any message that solicits gambling or engage in any gambling activity;
4. Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
5. Transmit or upload any information, software or other material which contains viruses, time bombs, Trojan horses, cancel bots, worms or other harmful or deleterious components or devices;
6. Post any defamatory, libelous, hateful, or harassing messages, information or material;
7. Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
8. Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming” or in connection with contests, surveys or pyramid schemes;
9. Try to gain unauthorized access to the Services, other users’ accounts, or computers connected to the Services though password mining or other means;
10. Interfere with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services;
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
The Pendleton-Gazettte provides rules for certain activities on this Site including, without limitation, e-mail services, contests, sweepstakes, and auctions by the Pendleton-Gazettte and in conjunction with third parties. These Terms of Service are incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Service and specific rules, the rules for the activity in which you choose to participate shall govern.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by the Pendleton-Gazettte, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and the Pendleton-Gazettte does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, the Pendleton-Gazettte is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither the Pendleton-Gazettte nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall the Pendleton-Gazettte assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, the Pendleton-Gazettte will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
TERMINATION OF THE SERVICES
The Pendleton-Gazettte may terminate the Site or any services included on or through the Site at any time with or without cause or notice. The Pendleton-Gazettte shall not be liable any party for such termination.
If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services.
The Pendleton-Gazettte EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY the Pendleton-Gazettte ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE. You agree that the Pendleton-Gazettte sole and exclusive maximum liability arising from any product sold by the Pendleton-Gazettte on the Site shall be the price of the product ordered.
IN NO EVENT SHALL the Pendleton-Gazettte, ITS PARENT COMPANIES AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, the Pendleton-Gazettte shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Pendleton-Gazettte shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Pendleton-Gazettte will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify the Pendleton-Gazettte’s acceptance of your order, nor does it constitute confirmation of the Pendleton-Gazettte’s offer to sell. The Pendleton-Gazettte reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Pendleton-Gazettte reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment. The Pendleton-Gazettte may require additional verifications or information before accepting any order. The Pendleton-Gazettte may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
All requests for service and support should be made directly to the manufacturer in accordance with their terms and conditions.
You agree to indemnify, defend and hold harmless, the Pendleton-Gazettte, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you. The Pendleton-Gazettte reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Pendleton-Gazettte in asserting any available defenses.
LIMITATION OF LIABILITY and DISCLAIMER
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER the Pendleton-Gazettte NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that the Pendleton-Gazettte is not liable for any defamatory, offensive or illegal conduct of any user.
The Pendleton-Gazettte also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or downloading of any Materials from the Site.
The Pendleton-Gazettte does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
the Pendleton-Gazettte operates and controls this site from its office in Pendleton, Indiana 46064, United States of America. This site is intended exclusively for residents of the United States.
The Pendleton-Gazettte makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.