Website Terms of Service
Acceptance of Terms
The Herald has the exclusive right to control the accessibility, hours of use, and the features on the Site. The Herald can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. The Herald reserves the right to monitor use of the Site.
User is solely responsible for providing the equipment used to access the Site, including all computer equipment, remote communications equipment, telephone or other equipment.
Accessing the Site
Access to the full contents of the Site is available for free to current subscribers to The Herald newspaper, or for a fee to non-subscribers.
In order to gain access to the Site, you must register and create a login and password. You can do this online by completing the registration form on the applicable page. In our registration form we ask you to submit your name, address, telephone number, and e-mail address.
If you opt for a subscription to the Site without a subscription to the newspaper, you will be asked for credit card information for payment of the subscription fee.
As a registered user of the Site, you will be able to communicate with The Herald in many ways. By selecting the CONTACT tab at the Site, you can submit Letters to the Editor, Press Releases, news tips, or announcements (such as wedding, engagement, or anniversary announcements). The acceptance or use of such submissions is at the sole discretion of The Herald. You can also submit or respond to classified advertising or purchase photos that have been used in The Herald and on this Site. through this Site. Please note however, that these transactions are processed by The Herald’s third-party service providers, and The Herald is not responsible in any way for these transactions.
Responsibility for User Accounts
It is your responsibility to keep your login name and password confidential and secure. Please do not share your login name or password with others outside your household. Anyone who has your login name and password can access our services and freely obtain or tamper with any information posted in your account. By registering with The Herald, you agree to accept responsibility for all activities that occur at the Site under your registration account. The Herald reserves the right, in its sole discretion, to refuse service or terminate your account.
Copyrights and Trademarks
All content on the Site (with the exception of content that may be provided by The Herald’s third party content providers or materials submitted by Users) is the copyrighted property of The Herald. Other than the download to the viewer’s computer that is inherent in viewing a web page, Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of The Herald. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Site. Any third party trademarks and content appearing on the Site are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owners.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
- Use any device or other means to harvest information about other Users.
- Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
- Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User’s or The Herald employee’s computer or other medium used to access the Site.
- Submit any material to the Site that is offensive to any other User. The Herald maintains the exclusive right to determine what is offensive.
- Submit to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- Modify the information, including headers, found on the Site.
- Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication.
- Engage in any action which The Herald determines is detrimental to the use and enjoyment of the Site.
- Use the Site for any unlawful or defamatory means.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
Disclaimer and Limitation of Liability
Although The Herald has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE HERALD NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM THE USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF THE HERALD, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. THE HERALD IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL THE HERALD OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL THE HERALD OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
Third Party Content
The Herald is not the publisher or speaker of any information on the Site that is provided by third party content providers or by Users, and The Herald is not liable for any claims related to that information. Any mention on the Site of products or services provided by third parties, including any advertisement found on the Site, is for informational purposes only and constitutes neither an endorsement nor a recommendation by The Herald. The Herald assumes no responsibility for those advertisements, products or services. Any dealings among any User and any third parties mentioned on or found through the Site (including through classified advertising) are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
THE HERALD MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY AN ADVERTISER, THIRD PARTY CONTENT PROVIDER TO USER VIA THIS SITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION ON ANOTHER SITE. ADDITIONALLY, THE HERALD DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
User agrees to defend, indemnify and otherwise hold harmless The Herald and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the Site.
Users are prohibited from violating or attempting to violate the security of the Site. The Herald will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
The Herald honors the intellectual property rights of others and asks the same of Users of the Site. The Herald may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide The Herald with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 The Herald to identify the material;
- Information that is reasonably sufficient to permit The Herald to contact the complaining party, such as address, telephone number and, if available, e-mail address;
- A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
The Herald can be contacted at:
John Rumbach, Co-Publisher, The Herald, P.O. Box 31, Jasper IN 47547-0031