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Terms of service
The
Hampton Roads Gardening message boards are provided by Hampton Roads Gardening to give our
users an interesting and stimulating forum in which they can express their opinions and
share their ideas.
User
Agreement: In order to protect the interests of all of our users, as well as those of our
information providers, we ask that you abide by the following rules. By registering as a
user or by using Message Board's Discussion forums (the "Service"), you hereby
agree to be bound by all of the following terms and conditions ("Terms of
Service" or "TOS").
Copyright
Notice and Limitations on Use: All of the information, content and services (collectively,
the "Content") within this Service is protected by copyright and other
intellectual property laws. The Content is owned by the Daily Press Inc.
("DPI"), Hampton Roads Interactive Inc. ("HRII") and their affiliated
companies, licensors and suppliers. The Content is intended for the personal use of users
of the Service only. While you may interact with or download a single copy of any portion
of the Content for your personal, non-commercial entertainment, information or use, you
may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any
portion of the Content in any other way or for any other purpose without the written
consent of DPI or HRII. Requests regarding use of the Content for any purpose other than
personal, noncommercial use should be directed to Melissa Simpson at msimpson@dailypress.com . Melissa may be reached
by phone at (757) 247-4879.
You
acknowledge that the Content includes certain trademarks and service marks owned by DPI
and HRII, and certain logotypes, as well as trademarks owned by other information
providers. You agree not to copy, use or otherwise infringe upon these trademarks or
service marks. You further agree that you will not alter or remove any trademark,
copyright or other notice from any copies of the Content.
If
you operate a Web site and wish to link to the Service, you must link to the Service's
home page. DPI and HRII reserve the right to reject or terminate any links to the Content
or Service.
Interactive
Areas: The Service's forums, bulletin board and chat rooms are provided to give users an
interesting and stimulating forum in which they can express their opinions and share their
ideas. DPI and HRII do not endorse the accuracy or reliability of any advice, opinion,
statement or information posted on these forums [message boards/bulletin boards/chat
rooms]. Please use your best judgment and be respectful of other individuals using these
forums. Do not use vulgar, abusive or hateful language. You may not use the Service's
bulletin boards for advertising or promotional materials or other forms of solicitation.
Uploading copyrighted or other proprietary material of any kind on the Service without the
express permission of the owner of that material is prohibited and may result in civil
and/or criminal liability.
Given
the nature of the Service and the volume of messages and postings, DPI and HRII cannot and
do not monitor all of the material posted or transmitted by users and third party
information providers. While you agree that the Service will not be liable for such third
party content, DPI and HRII reserve the right to delete, move or edit any communications
which they deem in their sole discretion to be: violative of this agreement; harmful to
individuals or communities; obscene; defamatory; in violation of DPI's, HRII's or any
third party's rights; or otherwise unacceptable.
User
Content: By placing material on or communicating with Interact's discussion forums, you
hereby grant to the DPI, HRII and their affiliates and related entities (collectively,
"Daily Press") the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, copy, modify, display, distribute and reproduce all such materials in any
form, media, software or technology of any kind now existing or developed in the future.
You also agree to indemnify, defend and hold Daily Press harmless against any claims or
costs, including attorneys fees, arising from the use or distribution of those materials.
You further grant Daily Press the right to use your name in connection with the
reproduction or distribution of such material.
Daily
Press does not accept unsolicited materials or ideas for use or publication in their
newspapers, broadcast programming, books or other digital and electronic media except in
connection with the forums, chats rooms and bulletin boards on the Service. Daily Press
shall not be responsible for the similarity of any of its content or programming in any
media to materials or ideas transmitted to the Service.
General
Disclaimer and Limitation of Liability: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT
YOUR OWN RISK. NEITHER DAILY PRESS, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE
CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND DAILY PRESS
SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR
WARRANTIES AGAINST INFRINGEMENT.
DAILY
PRESS, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO
EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED
BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE
OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY
INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF
DAILY PRESS, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE
AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Miscellaneous:
DPI and HRII reserve the right at their discretion to change these Terms of Service and
will notify users of any such changes by online postings. Your continued use of the
Service after the posting of any amended Terms of Service shall constitute your agreement
to be bound by any such changes. The Service may modify, suspend, discontinue or restrict
the use of any portion of the Service, including the availability of any portion of the
Content at any time, without notice or liability.
These
Terms of Service will be governed by and construed in accordance with the laws of the
State of Virginia, without regard to its conflicts of law provisions. You hereby agree
that any cause of action you may have with respect to the Daily Press must be filed in the
City of Newport News in the State of Virginia within one year after the cause of action
arises or the cause is barred.
If
you have questions, contact dselder@tribune.com .
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