Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Community Impact Newspaper, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your communityimpact.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign keywords to your post in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Community Impact Newspaper may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Community Impact Newspaper liability. You must immediately notify Community Impact Newspaper of any unauthorized uses of your account, your account or any other breaches of security. Community Impact Newspaper will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on an article, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Community Impact Newspaper or otherwise.
By submitting Content to Community Impact Newspaper for inclusion on our Website, you grant Community Impact Newspaper a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website. If you delete Content, Community Impact Newspaper will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Community Impact Newspaper has the right (though not the obligation) to, in Community Impact Newspaper’s sole discretion (i) refuse or remove any content that, in Community Impact Newspaper’s reasonable opinion, violates any Community Impact Newspaper policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Community Impact Newspaper’s sole discretion. Community Impact Newspaper will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Community Impact Newspaper has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Community Impact Newspaper does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Community Impact Newspaper disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which communityimpact.com links, and that link to communityimpact.com. Community Impact Newspaper does not have any control over those non-Community Impact Newspaper websites and webpages, and is not responsible for their contents or their use. By linking to a non-Community Impact Newspaper website or webpage, Community Impact Newspaper does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Community Impact Newspaper disclaims any responsibility for any harm resulting from your use of non-Community Impact Newspaper websites and webpages.
- Copyright Infringement and DMCA Policy. As Community Impact Newspaper asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by communityimpact.com violates your copyright, you are encouraged to notify Community Impact Newspaper in accordance with Community Impact Newspaper’s Digital Millennium Copyright Act (“DMCA”) Policy. Community Impact Newspaper will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Community Impact Newspaper will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Community Impact Newspaper or others. In the case of such termination, Community Impact Newspaper will have no obligation to provide a refund of any amounts previously paid to Community Impact Newspaper.
- Intellectual Property. This Agreement does not transfer from Community Impact Newspaper to you any Community Impact Newspaper or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Community Impact Newspaper. Community Impact Newspaper, communityimpact.com, the communityimpact.com logo, and all other trademarks, service marks, graphics and logos used in connection with communityimpact.com, or the Website are trademarks or registered trademarks of Community Impact Newspaper or Community Impact Newspaper’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Community Impact Newspaper or third-party trademarks.
- Advertisements. Community Impact Newspaper reserves the right to display advertisements.
- Changes. Community Impact Newspaper reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Community Impact Newspaper may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Community Impact Newspaper may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your communityimpact.com account, you may simply discontinue using the Website. Community Impact Newspaper can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Community Impact Newspaper and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Community Impact Newspaper nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Community Impact Newspaper, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Community Impact Newspaper under this agreement during the twelve (12) month period prior to the cause of action. Community Impact Newspaper shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Community Impact Newspaper, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Community Impact Newspaper and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Community Impact Newspaper, or by the posting by Community Impact Newspaper of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Community Impact Newspaper may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
JG Media, Inc. (“Community Impact Newspaper“) operates communityimpact.com and may operate other websites. It is Community Impact Newspaper’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Community Impact Newspaper collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Community Impact Newspaper’s purpose in collecting non-personally identifying information is to better understand how Community Impact Newspaper’s visitors use its website. From time to time, Community Impact Newspaper may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Community Impact Newspaper also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on communityimpact.com blogs/sites. Community Impact Newspaper only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Community Impact Newspaper’s websites choose to interact with Community Impact Newspaper in ways that require Community Impact Newspaper to gather personally-identifying information. The amount and type of information that Community Impact Newspaper gathers depends on the nature of the interaction. For example, we ask visitors who sign up at communityimpact.com to provide a username and email address. Those who engage in transactions with Community Impact Newspaper are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Community Impact Newspaper collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Community Impact Newspaper. Community Impact Newspaper does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Community Impact Newspaper may collect statistics about the behavior of visitors to its websites. Community Impact Newspaper may display this information publicly or provide it to others. However, Community Impact Newspaper does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Community Impact Newspaper discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Community Impact Newspaper’s behalf or to provide services available at Community Impact Newspaper’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Community Impact Newspaper’s websites, you consent to the transfer of such information to them. Community Impact Newspaper will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Community Impact Newspaper discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Community Impact Newspaper believes in good faith that disclosure is reasonably necessary to protect the property or rights of Community Impact Newspaper, third parties or the public at large. If you are a registered user of an Community Impact Newspaper website and have supplied your email address, Community Impact Newspaper may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Community Impact Newspaper and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Community Impact Newspaper takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Community Impact Newspaper, or substantially all of its assets, were acquired, or in the unlikely event that Community Impact Newspaper goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Community Impact Newspaper may continue to use your personal information as set forth in this policy.