Website User Agreement
1. Acceptance of Terms
RI New Media, Inc., Inc. ("RI New Media, Inc., Inc.", " The
Jamestown Daily Record", "we", "us", "our"), provides access to the RI
New Media, Inc., Inc. website, located at
www.TheJamestownDailyRecord.com, (the "Site") subject to
your acceptance of this Website User Agreement ("Agreement"). Any person
accessing, browsing, framing, using and/or linking to the Site, either
manually or via an automated device, shall be deemed a "User." All Users
are subject to and agree to be bound by this Agreement when using the
Site.
When using a particular feature of the Site, you may also be subject to
any posted guidelines, rules, terms of service, privacy policies, or
other contractual provision as noted. In the event of a conflict between
any other agreement, rule, policies, or terms of service and this
Agreement, the provisions of this Agreement shall govern when using the
Site. If you have any questions about this User Agreement please contact
RI New Media, Inc by email at
thewebteam@RI New Media, Inc., before using the Site.
2. Privacy
You agree that you have read and understand the terms of RI New Media,
Inc., Inc.'s
Privacy Policy, which is
incorporated herein. This policy governs the collection, use and sharing
of personal and non-personal information from you when using the Site.
3. Risk; Internet Use
You assume total responsibility and risk for your use of the Site and
the Internet. You acknowledge and agree that any uploads or transmission
you make to, from or through the Site may be intercepted and used by an
unauthorized third party and that all of the risk associated with these
activities is solely yours.
4. Downloading Materials From The Site
You understand that RI New Media, Inc., Inc. cannot and does not
guarantee or warrant that materials available for downloading from the
Site, including links, will be free of infection or viruses, worms,
Trojan horses, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy and
security of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
5. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips,
video, photographs, software, trademarks, and other information (the
"Proprietary Content") is, unless otherwise noted, the property of RI
New Media, Inc., Inc., its affiliates or partners. The Proprietary
Content is protected by federal, state and international copyright and
trademark laws, or other proprietary rights. These rights are protected
in all forms, media and technologies existing now or hereinafter
developed. You may print and download portions of material from the
different areas of the Site solely for your non-commercial use. No
portion of the Proprietary Content may be reprinted, republished,
modified, or distributed in any form without the express written
permission of RI New Media, Inc., Inc.. You may not reproduce, reverse
engineer, decompile, disassemble, modify, transmit, sell, distribute,
license or create derivative works of any of the Proprietary Content.
You may not make any unauthorized copies of any Proprietary Content.
Certain Proprietary Content may be licensed from third parties and all
such third party content and all intellectual property rights related to
the third party content belong to the respective third parties. In
addition, certain trademarks are the property of their respective third
party owners, and the use of trademarks, logos, or brand names in the
Site are for identification purposes only, and does not imply an
endorsement by RI New Media, Inc., Inc. of the trademark owner, or
vice-versa, or that such trademark owner has authorized RI New Media,
Inc., Inc. to promote its products, services, or content. You may not
remove any copyright, trademark or other intellectual property or
proprietary notice or legend contained on the Site or the Content. Any
rights not expressly granted by this Agreement or any applicable
end-user license agreements are reserved by RI New Media, Inc., Inc..
Except as expressly provided above, nothing contained herein shall be
construed as conferring by implication, estoppel or otherwise any
license or right under any patent, copyright or trademark of RI New
Media, Inc., Inc. or any third party.
6. Links to Other Websites and Linking to RI New Media, Inc.,
Inc.'s Site
Any links to other websites are provided merely as a convenience to the
Users of this Site. RI New Media, Inc., Inc. has not reviewed all of
these other websites, has no responsibility for the content of such
other sites, shall not be liable for any damages or injury arising from
any such content, and does not endorse or make any representations about
these websites, any information or other products or materials found
there, or any results that may be obtained from using them. If you
decide to access any of these other sites linked to this Site, you do so
entirely at your own risk.
Any individuals who would like to establish a temporary or permanent
link to this Site may do so as long as such link is pointed to RI New
Media, Inc., Inc.'s homepage at
www.TheJamestownDailyRecord.com, . Deep linking to any other
page on the Site except the homepage is permitted only if you obtain
permission from RI New Media, Inc., Inc.. All deep linking requests
should be sent to
thewebteam@RI New Media, Inc., . Framing any page on the Site
is expressly prohibited.
7. Acceptable and Lawful Use of the Site
Any information provided to RI New Media, Inc., Inc. in connection with
use of the Site: (a) shall not be false, inaccurate or misleading; (b)
shall not be obscene or indecent; (c) shall not contain any viruses,
Trojan horses, worms, time bombs, spiders, or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; (d) shall not infringe on any RI New Media, Inc., Inc. or
third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (e) shall not be
defamatory, libelous, unlawfully threatening or harassing; and (f) shall
not create liability for RI New Media, Inc., Inc. or cause us to lose
the services of our Internet service providers or other suppliers. You
may not take any action that imposes an unreasonable burden upon the
infrastructure used to support the efficient operation of the Site,
including but not limited to unsolicited email, also called SPAM.
8. NO WARRANTIES
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE
SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RI New Media,
Inc., Inc. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED THROUGH THE SITE OR ON
THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. RI
New Media, Inc., Inc. DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE
CORRECTED.
9. RI New Media, Inc., Inc. Catalogs
Access to various RI New Media, Inc., Inc. Catalogs is provided on the
Site. These catalogs are official publications of RI New Media, Inc.,
Inc., and as such, they and any other official publications or policies
that are provided on the Site are subject to revision at any time. The
University reserves the right to add, withdraw or revise any course,
program of study, provision or requirement described within the Catalog
as may be deemed necessary. Occasionally, program requirements will vary
by the printing date of the catalog or the date such catalog is posted
on the Site. Requirements stated in the edition printed closest to the
September enrollment date will take precedence. Summer enrollees will
follow the catalog requirements for the upcoming year. RI New Media,
Inc., Inc. students should read and fully understand the rules,
regulations and policies described in the various RI New Media, Inc.,
Inc. Catalogs.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, PRODUCTS OR
SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE
OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF
SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE,
DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES,
GUARANTEES OR CONDUCT OF RI New Media, Inc., Inc. OR ANY THIRD PARTY ON
THE SITE, OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL
RI New Media, Inc., Inc.'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS
EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO RI New Media, Inc., Inc.,
IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST
AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS
AGREEMENT INURE TO THE BENEFIT OF RI New Media, Inc., Inc., OUR
AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
ATTORNEYS AND AGENTS.
11. Indemnification
You agree to indemnify, defend and hold RI New Media, Inc., Inc. and its
affiliates, officers, directors, employees and agents harmless from and
against any and all claims, demands, actions, costs, liabilities, losses
and damages of any kind (including reasonable attorney's fees) resulting
from (i) your use of the Site, (ii) your use of products, services, or
information provided through the Site, or (iii) your breach of any
provision of this Agreement. RI New Media, Inc., Inc. reserves the
right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you. In such
event, you still are responsible for indemnifying RI New Media, Inc.,
Inc., and you agree to cooperate with RI New Media, Inc., Inc. in
asserting any available defenses.
12. Policy Regarding Copyright Infringement and Designation of a
Copyright Agent
RI New Media, Inc., Inc.'s policy regarding copyright infringement and
RI New Media, Inc., Inc.'s designated agent for receipt of copyright
infringement claims pursuant to the
Digital Millennium Copyright Act
(17 USC § 512) is incorporated herein and can be found at the RI New
Media, Inc., Inc. Copyright Notice.
13. System Outages
RI New Media, Inc., Inc. periodically schedules system downtime for
maintenance and other purposes. Unplanned system outages also may occur.
RI New Media, Inc., Inc. shall have no liability whatsoever for the
resulting unavailability of the Site or for any loss of data or
transactions caused by planned or unplanned system outages or the
resultant delay, misdelivery or nondelivery of information caused by
such system outages, or any third party acts or any other outages of web
host providers or the Internet infrastructure and network external to
the Site.
14. User Feedback
Should any User respond to RI New Media, Inc., Inc. or any of
its employees, agents, professors or others through the Site, via email
or otherwise, with any information including, but not limited to,
feedback, questions, requests, opinions, comments, suggestions, or the
like regarding the content of any RI New Media, Inc., Inc. document, the
Site, or RI New Media, Inc., Inc. services, such information shall be
deemed to be non-confidential and RI New Media, Inc., Inc. shall have no
obligation of any kind with respect to such information. RI New Media,
Inc., Inc. shall be free to reproduce, use, disclose and distribute the
information to others without limitation and shall be free to use any
ideas, concepts, know-how or techniques contained in such information
for any purpose whatsoever to the extent not prohibited by law.
15. Your Account Obligations
Certain sections of the Site require that you register by providing
particular information including a user name and password. In these
instances, you agree to: (i) provide accurate and current information
about yourself as prompted by the Site (the "Registration Information");
and (ii) maintain and update the Registration Information to keep it
accurate and current. If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, we may, in our sole discretion, suspend or terminate your
account and decline to permit your continued use of the Site, future
access to the Site, or any activities related to your registration and
account.
You are responsible for maintaining the confidentiality of your user
name and password (collectively, "Account Information") and are fully
responsible for all activities that occur under your Account
Information. You agree that your Account Information may be used to
attribute an electronic record and electronic signature to you.
Therefore, you shall not disclose your Account Information to third
parties. You agree to notify us immediately of any unauthorized use of
your Account Information or any other breach of security. RI New Media,
Inc., Inc. shall not, in any manner, be responsible or liable for
fraudulent purchases, requests or other transactions that are made using
your compromised Account Information.
16. Pricing for Products and Services
In the event a product, service or the cost of a course or program of
study is listed at an incorrect price or with incorrect information due
to typographical error, an error in pricing or product information or
otherwise, RI New Media, Inc., Inc. shall have the right to refuse or
cancel any orders placed for that product(s) or service(s) listed at the
incorrect price. RI New Media, Inc., Inc. shall have the right to refuse
or cancel any such orders or requests whether or not they have been
confirmed and the User's credit card has been charged or other payment
has been accepted.
17. Children
This Site is not directed to children under the age of 13 and is not
intended be used by children under the age of 13. If you are under the
age of 13, you agree that you will not use this Site and you will not
provide personal information about yourself to RI New Media, Inc., Inc.
through the Site.
18. Governing Law
This Agreement and access to the Site shall be governed by and construed
in accordance with the laws of the State of Rhode Island, exclusive of
its conflict of law rules and matters affecting copyrights, trademarks
and patents under U.S. federal law.
19. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the
exclusive jurisdiction of the courts of the State of Rhode Island and of
the United States of America located in the State of Rhode Island for
any litigation or disputes arising out of or relating to use of the Site
and not to commence any litigation relating thereto except in such
courts. You hereby irrevocably and unconditionally waive any objection
to the establishment of venue of any such litigation in the Rhode Island
Courts and agree not to plead or claim in any Rhode Island Court that
such litigation brought therein has been brought in an inconvenient
forum.
20. International Users
RI New Media, Inc., Inc. makes no claims that information on
the Site is appropriate or may be downloaded outside of the United
States. Access to the Site may not be legal in certain countries or for
certain persons. If you access the Site from outside of the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction regarding online conduct and
acceptable Content, notwithstanding sections 18 and 19 above. User
personal information ("Information") that is submitted to this Site will
be collected, processed, stored, disclosed and disposed of in accordance
with applicable U.S. law and our Privacy Policy If you are a non-U.S.
user, you acknowledge and agree that RI New Media, Inc., Inc. may
collect and use your Information and disclose it to other entities
outside your resident jurisdiction. In addition, such Information may be
stored on servers located outside your resident jurisdiction. U.S. law
may not provide the degree of protection for Information that is
available in other countries. By providing us with your Information, you
acknowledge that you consent to the transfer of such Information outside
your resident jurisdiction as detailed in our Privacy Policy. If you do
not consent to such transfer, you may not use this Site. If you have
already provided us with Information, please contact us at
thewebteam@RI New
Media, Inc., and let us know how you would like us to
handle such Information.
21. Severability; No Waiver; Assignment; Third Party Beneficiary
Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect,
such validity, illegality or unenforceability shall not affect any other
provision contained in this Agreement. Any delay or failure by RI New
Media, Inc., Inc., at any time or times, to require performance of any
provision hereof shall in no manner affect RI New Media, Inc., Inc.'s
right at a later time to enforce such provision. No delay or failure by
RI New Media, Inc., Inc. in exercising any right hereunder shall
constitute a waiver of such right or any other rights hereunder. You may
not assign your rights or delegate your responsibilities hereunder
without the express written permission of RI New Media, Inc., Inc.. RI
New Media, Inc., Inc. may, at any time, assign its rights or delegate
its obligations hereunder without notice to you. No person who is not a
party to this Agreement is intended to be a beneficiary of this
Agreement, and no person who is not a party to this Agreement shall have
any right to enforce any term of this Agreement. This Agreement and any
documents expressly incorporated by reference constitute the entire
agreement between RI New Media, Inc., Inc. and you pertaining to the
subject matter hereof and supersedes all prior agreements, whether oral
or written, and documents regarding your use of the Site.
22. Headings
The headings used throughout this Agreement are solely for the
convenience of reference and are not to be used as an aid in the
interpretation of this Agreement.
23. Updates and Modifications
In its sole discretion, RI New Media, Inc., Inc. may unilaterally amend
or modify this Agreement or any other documents referenced herein at any
time by posting the amended Agreement on the Site. Any amended or
modified terms will be effective upon posting. Continued use of the Site
constitutes acceptance of any modified terms and conditions. If you have
any questions about this Agreement, contact us at
thewebteam@RI New
Media, Inc., .
24. Termination
RI New Media, Inc., Inc. may immediately issue a warning, suspend or
terminate your access to the Site for breach of this Agreement (or any
other agreement or policy incorporated by reference hereto), or for any
other reason in our sole discretion.
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