Last Updated August. 12, 2015
The TOS applies to websites, mobile applications, and any other digital media owned and/or operated by the Palm Beach Record (“PBR”, “we”, “us”, or “our”) and govern your use of certain PBR digital products, including this website (the “Site”), mobile versions of the Site, downloadable mobile applications, services that allow you to submit content to us, blog submission services, RSS feeds, widgets or other embedding technologies, podcasts, chat rooms and message boards, as well as PBR accounts on social media platforms, including, but not limited to Facebook, Twitter, and Instagram (collectively, the “Services”). Any new services made available to you by us that enhance or modify the current Site or Services will also be subject to the TOS.
1. YOUR ACCEPTANCE
BY USING THIS SITE OR THE SERVICES, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE TOS. WE RESERVE THE RIGHT TO CHANGE THE TOS AT ANY TIME. WE WILL POST THE REVISED TOS ON THE SITE AND UPDATE THE “LAST UPDATED” DATE TO REFLECT THE EFFECTIVE DATE OF THE CHANGES. YOUR CONTINUED USE OF THE SITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TOS.
2. REGISTRATION, PRIVACY, AND SECURITY
A. To use the Site or Services, you may be required to create a user account. In registering, you affirm you are at least 13 years of age and that the information you provide is both complete and accurate.
B. You may not: (i) register under the name of another person; (ii) use the login credentials of another person; or (iii) use a user name that we deem offensive. If we believe the information you provide is incomplete or inaccurate, we reserve the right to terminate your account and prohibit you from using the Site or Services.
D. You are responsible for maintaining the confidentiality of your password and account. Although we currently do not require a password to use the site, we might add features that require it as the site progresses. You are entirely responsible for any and all activities under your user name, password, or account (whether by you or others). If you become aware of any unauthorized use of your user name, password, or account, or any other breach of security, you agree to notify us immediately by sending an email to Customer Care at email@example.com. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time or allow others to use your account.
E. You acknowledge that public computers are not considered secure and that using your user account on a public computer may adversely impact the confidentiality and security of your account and personal data. We are not liable for any such breaches of security.
3. OUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS
A. Content on the Site or via the Services. All materials published on the Site or via the Services including, but not limited to, news articles, photographs, images, illustrations, audio clips, video clips, trademarks, logos, and other materials (collectively, “Content”) are our property or the property of our affiliates, licensors, or their respective owners, and are protected by U.S. copyright law, U.S. trademark law, international treaty provisions, and other intellectual property laws. Do not remove or modify any proprietary notices of PBR or of any other respective owner. All rights are reserved.
B. Personal and Non-Commercial Use Limitation. You may use the Site and Services for your personal and non-commercial use only. You may not modify, distribute, display, perform, reproduce, archive, license, copy, publish, upload, post, transmit, create derivative works from, or sell any information, Content, software, products, or services obtained from the Site or Services in any manner without our written authorization. By ever registering as a user now or in the future, you further represent and warrant that you are not an attorney or agent of an attorney conducting an investigation for a potential claim related to PBR or any of its affiliates.
C. Not Authorized Spokespersons. Any content published on the Site or via the Services is considered the view of the author or owner and is not necessarily the view of PBR, its employees, agents, or affiliates. Any statements by PBR, its employees, agents, or affiliates are provided for informational purposes.
D. ASSOCIATED PRESS MATERIALS NOTICE.
All visitors (including persons and representatives of legal entities, including, without limitation, digital engines of a kind that crawl, index, scrape, copy, store, or transmit digital content) agree that:
By accessing the Site or Services, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material (collectively, “AP Material”) shall not be published, broadcast, modified for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) No AP Material nor any portion thereof may be stored on a computer except for personal, non-commercial use; (iii) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in AP Material or in the transmission or delivery of any part thereof or for any damages arising there from or occasioned thereby; (iv) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time.
4. USER CONTENT
A. User Content: Representations and Warranties. The Site or Services may allow you to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages or material, including your name or likeness to us (collectively, “User Content”). We do not claim ownership of any User Content you or any other user submits to us. By submitting User Content, you represent and warrant: (a) you own, have been granted permission, or otherwise control or have all necessary rights to post, upload, input, provide, or otherwise submit the User Content as required by the TOS; (b) the User Content does not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy, publicity, or likeness; and (c) the User Content will not violate any applicable law or regulation, including, but not limited to, any applicable advertising or fair housing laws or regulations, or cause injury to any person or damage to any property. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the Site that specifically ask for unique, fictitious names). If the User Content you submit depicts any children under the age of 13, you affirm that you are the child’s parent or legal guardian or that you have written permission and authorization from the child’s parent or legal guardian to provide the User Content as required by the TOS.
B. User Content: License. You grant us a perpetual, nonexclusive, irrevocable, worldwide, royalty-free, sub-licensable license to any User Content submitted by you to the Site or to the Services, which includes, without limitation, the right for us or any third party we designate, to use, copy, translate, edit, reproduce, transmit, excerpt, publish, distribute, publicly display or publicly perform, create derivative works from, host, archive, index, cache, tag, encode, modify and adapt (including, without limitation, the right to adapt the User Content for streaming, downloading, broadcasting, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. As such, we reserve the right to use any User Content in our RSS feeds, application program interfaces (“APIs”), and various other PBR services. You recognize and agree that if you do not want to license your User Content, you should not submit it. You further agree that we are neither liable nor responsible for the proliferation of your User Content, we do not provide nor do we owe compensation for the use of your User Content, and we are unable to terminate any license to User Content that you unwittingly extend.
C. User Content: Screening and Removal. You acknowledge that we may or may not pre-screen User Content, and have the right (but not the obligation) to remove, block, edit, or refuse any User Content for any reason.
D. User Content: Assumption of the Risk. You acknowledge that we cannot and do not monitor, regularly review, or manage submitted User Content. As such, we cannot guarantee the privacy of User Content submitted to the Site or Services. To protect your safety, please use your best judgment when submitting any personal information. We discourage divulging phone numbers, addresses, or any personal-identifying information. We cannot guarantee the security of any information you disclose, all disclosure is AT YOUR OWN RISK. You further understand that we may publish your user name in connection with any User Content you submit. If you use your legal name as your user name, your legal name may be published.
E. No Compensation. No compensation of any kind will be owed or paid with respect to any User Content submitted or used.
5. NO UNLAWFUL, PROHIBITED, OR IMPROPER USE.
You agree that in using the Site or Services, you will not:
a. Restrict or inhibit any other user from using and enjoying the Site or Services;
b. Use the Site or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Interfere with, damage, disable, overburden, impair, or disrupt any servers or affiliated networks used to provide the Site or Services or its features,
d. Disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site or Services;
e. Use the Site or Services to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
f. Gain unauthorized access to the Site or Services, any account, computer system, or network connected to the Site or Services, by means such as hacking, password mining, or other illicit means;
g. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Services;
h. Use the Site or Services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, illegal, infringing, tortious, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
i. Use the Site or Services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, that is protected by copyright, trademark or other proprietary right, or that are derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
j. Use the Site or Services to post or transmit any information, software, or other material that contains a virus or other harmful component;
k. Use the Site or Services to exploit any information, software, or other material for commercial or advertising purposes (e.g., pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages);
l. Use the Site or Services to advertise or solicit anyone without our express, written approval (e.g., buy or sell products or services, make donations of any kind);
m. Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users on the Site or Services;
n. Contact anyone who has asked not to be contacted;
o. Attack personally, harass, threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
p. Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
q. Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site or Services (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users ability to use the Site or Services or their features;
r. Use automated means, including spiders, robots, crawlers, data mining tools, or the like, to download data from the Site or Services, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our TOS;
s. Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such a manner;
t. Download any file posted by another user that you know, or reasonably should know, contains a harmful component; and
We reserve the right, but disclaim any obligation or responsibility, to: (i) remove any User Content from the Site, Services, or any PBR websites that violates the TOS (including, without limitation, this prohibited conduct provision), and (ii) comply with any subpoena, order, or otherwise cooperate with any law enforcement officials regarding the identification of any user alleged to be using the Site, Services or PBR websites in violation of the law, or alleged to have any information related to an ongoing investigation. We reserve the right to preserve a record of User Content and transfer all such records to law enforcement officials upon request.
6. LIMITATIONS ON INLINE LINKING AND FRAMING
a. Website operators may include a hyperlink to our Site as long as the hyperlink does not falsely imply or state that we sponsor, endorse, or are otherwise affiliated with your site. You further agree to remove the hyperlink if requested.
b. You may not, however, frame, inline link, or otherwise incorporate Content or User Content into your website or any other service without our express, written approval.
7.NOTICE OF COPYRIGHT INFRINGEMENT
If you believe your copyrighted material has been infringed upon, please send written notice to:
Palm Beach Record
Pursuant to the Digital Millennium Copyright Act, you must include the following information in your written notice for it to be effective:
The above contact information is for copyright infringement notices only. ALL OTHER INQUIRIES WILL BE IGNORED. Contact information regarding other matters is provided elsewhere on the Site.
a. Third-Party Web Sites. The Site or Services may include links and pointers to other websites maintained by third parties. A link from this Site to another website does not imply an endorsement or sponsorship of the site, information, product, or service offered on or through the site. We do not control nor are we responsible for any content, advertising, products, services or materials offered on or available from third-party sites. A third-party site may have privacy policies or terms of service that differ from ours. As such, we have no liability or responsibility for any interaction you may have with or from those sites. If you have any questions or concerns regarding another website, please contact that website.
b. Purchase of Products or Services from Third-Party Vendors.
c. Classified Advertising
9. LIMITATION OF WARRANTIES
THE SITE, SERVICES, CONTENT, USER CONTENT AND ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED/PROVIDED THROUGH THE SITE AS WELL AS ANY THIRD-PARTY WEBSITES ACCESSED VIA THE SITE OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR ANY OF ITS FEATURES, FUNCTIONS OR SERVERS THAT MAKE IT AVAILABLE WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, INCLUDING VIRUSES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE, CONTENT, USER CONTENT, OR ANY THIRD-PARTY WEBSITES ACCESSED VIA THE SITE OR SERVICES, OR THE RESULTS OF YOUR USE OF THE SITE OR SERVICES, CONTENT, USER CONTENT, OR ANY THIRD-PARTY WEB SITES WILL BE CORRECT, ACCURATE, TIMELY, COMPLETE, RELIABLE, OR WILL MEET YOUR SATISFACTION OR REQUIREMENTS.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site and Services. You further assume the entire cost of and responsibility for any damage to as well as all necessary maintenance for (repair or correction of) that hardware and/or software.
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTMENT PURPOSES, OR FOR COMMERCIAL USE. STOCK AND MUTUAL FUND QUOTES AS WELL AS RELATED FINANCIAL STORIES MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY THE STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES. THE SITE AND SERVICES SHOULD NOT BE USED IN ANY HIGH-RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES, OR BUSINESSES MAY RESULT IF ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
10. LIMITATION OF LIABILITY
NEITHER WE, NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS, OR SUBLICENSEES (“OUR RELATED AFFILIATES”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, COST OF REPLACEMENT OF GOODS OR SERVICES, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA OR INTERRUPTION OR LOSS OF USE OF SERVICE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, RELATED SERVICES, CONTENT, USER CONTENT, OR ANY THIRD-PARTY FEATURES, RELATED CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, OR DISCLOSURE OF YOUR PERSONAL INFORMATION, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR OUR RELATED AFFILIATES’ (AS DEFINED HEREIN) AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE OR SERVICES, THE CONTENT, THE USER CONTENT OR ANY THIRD-PARTY FEATURES, RELATED CONTENT, MATERIAL, PRODUCTS, OR RELATED SERVICES MADE AVAILABLE THROUGH THE SITE OR SERVICES EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50), WHICHEVER IS LESS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED UNDER SUCH STATE LAW. WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONDUCT OF ANY USER. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
c. Governing Law; Statute of Limitations. This agreement will be construed, interpreted, and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require the application of the laws of another jurisdiction. By accepting this agreement, all parties irrevocably submit themselves to the exclusive personal jurisdiction and venue of the state and federal courts of Palm Beach County, Florida, with regard to any dispute between them, arising under, or relating to this agreement. The parties also hereby waive any venue or personal jurisdiction challenge they may have to a lawsuit relating to or arising under this agreement that has been filed in a state or federal court in Palm Beach County, Florida. You agree to file any claim you have arising out of or related to the Site or Services within one year after the claim accrues; otherwise, such claim will be permanently barred.
d. Severability; No Waiver. If any provision of the TOS is found to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the TOS will continue in full force and effect. Any failure of ours to enforce or exercise any provision of the TOS or related right will not constitute a waiver of that right or provision.
e. International Law. We control, operate, and administer the Site and Services from the United States. We make no representation that Content, User Content, or any material on the Site or Services is appropriate or available for use outside of the United States. Illegal access to the Site or Services from territories where their content is illegal is prohibited. You may not use the Site or Services or export them in violation of U.S. export laws, rules, and regulations. If you access the Site or Services from a location outside the United States, you are responsible for compliance with all applicable laws.
f. Electronic Communications. Communications from us to you will be sent via electronic mail. You agree that this satisfies any legal requirement of “in writing” from us to you.
g. Reporting Abuse. We provide a monitored and active email address for you to report abuse. If you believe any content on the Site is against our TOS, please contact us.
h. Notices. Any notices or communications from you to us must be in writing, in English, and emailed to the address below: