Website Terms of Service

Definitions

DuboisCountyHerald.com is the web site maintained by Jasper Herald Company (referred to here as “The Herald”), in connection with its newspaper The Herald. As used in these Terms of Use, the term “site” refers to the website located at http://DuboisCountyHerald.com; “User,” or collectively “Users,” refers to any party who accesses the Site; and “Access” means viewing or otherwise obtaining or requesting information using the Site.

Acceptance of Terms

By accessing the Site via the Internet or any other medium, User accepts and agrees to all conditions imposed in these Terms of Use.

The Herald reserves the right to modify these Terms of Use at any time without notice to User. Any change in these Terms of Use is effective immediately upon User’s receipt of notice from The Herald. Notice can be given through e-mail, a posting of the revised Terms of Use on the Site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms of Use.

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.

Privacy

User should review the Privacy Policy for this site, which is incorporated by reference into these Terms of Use.

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.

Users submitting their own content on the Site pursuant to the terms of these Terms of Use (including but not limited to profile information and submissions such as press releases, news tips, and announcements) retain the copyright in such material, but they are deemed to have given The Herald a license to use the material in any media or format, including newspaper and online formats, which means that The Herald can, among other things, copy the material for backup and archival purposes, display it on the Site or in the newspaper, allow viewers to view it (including by downloading a copy to the viewer’s machines), edit it, or provide it to other news organizations. This license is perpetual, irrevocable, worldwide, transferable in whole or in part, and fully-paid up. The Herald also has the right to remove User-submitted content from the Site at any time for any purpose.

Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

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.

Indemnification

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.

Security

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.

Termination of Terms of Use

The Herald may terminate these Terms of Use at its discretion. In addition to The Herald’s other rights, The Herald may terminate access to this site or cancel membership to any service that The Herald provides on the Site, if User breaches the Terms of Use in any way or engages in conduct that The Herald deems inappropriate. In the event of termination of the Terms of Use, the provisions in this paragraph and the provisions found under the captions “Copyright and Marks,” “Prohibited Conduct,” “Disclaimer and Limitation of Liability,” “Third Party Content,” “Indemnification,” “Security” and “Miscellaneous” shall survive.

Copyright Protection

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:

The Herald can be contacted at:

John Rumbach, Co-Publisher, The Herald, P.O. Box 31, Jasper IN 47547-0031

 

Fax: 812-482-4104

Telephone: 812-482-2424

Email: business@dcherald.com

Miscellaneous

These Terms of Use constitute the entire agreement between The Herald and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between The Herald and User dealing with the subject matter hereof is superseded. If any portion of these Terms of Use is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of these Terms of Use, The Herald may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. The Herald’s remedies are cumulative and not exclusive. Failure of The Herald to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action by User arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Herald makes no representation that the content of the Site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in Dubois County, State of Indiana, U.S.A., or where applicable, the United States District Court for the Southern District of Indiana, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.