Terms of Service
The Services are provided by Quincy Media, Inc. and its subsidiaries (collectively, “QMI”).
QMI has the right, at its sole discretion, to enhance, change or discontinue all or part of the Services at any time, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on or through the Services, or by electronic mail, or by conventional mail. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
These Terms may also change from time to time. Please periodically review and become familiar with these Terms. Your continued use of the Services after the posting of changes to these Terms signifies your acceptance of these changes. QMI may immediately terminate any individual’s use of the Services and/or such user’s password(s) or account(s) in the event user violates these Terms or engages in conduct that QMI, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
Although the Services are freely accessible, by providing such access QMI does not intend to relinquish its rights, or any other party’s rights, to the materials appearing on or in the Services. Unless otherwise noted, QMI owns or licenses all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Services. The material on and in the Services is provided for your private, non-commercial use only.
No children under 13
The Services are not directed at or intended for use by children under 13 years old. You may be required to provide a date of birth to register for certain functionality of this Website (for example, contests/sweepstakes entries). You are not permitted to register or use the Services if you are under 13.
Users Outside the United States
The Services are not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection, use and transfer that may differ from U.S. law, your personal information submitted through the Services transferred to the U.S. may not have the same legal data protection as in your jurisdiction.
Registration; Use of Secure Area; Password
In general, you may access and use the Services for free in keeping with these Terms. However, to access and use certain features of the Services, you must register. You are responsible for maintaining security and control over your user name and password that you create to use these features of the Services. We are not responsible for any losses arising out of the unauthorized use of your registration or the Services. If you believe that the security of your user name and/or password has been compromised, you agree to immediately change your user name and/or password to eliminate this security risk. You will notify QMI of any known or suspected unauthorized use of, or disclosure related to, your registration.
Consent to Receive Communications
If you register or sign up to receive alerts, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.
Code of Conduct – Prohibited Acts
You agree not to engage in any of the following conduct while using the Services. Such conduct violates these Terms and may result in termination of your access to or use of the Services:
Your Submissions – User Content
Subject to these Terms, you may submit video, text, images, data, or other materials (“User Content”) to the Services. In so doing, you acknowledge and agree that you grant to QMI a royalty-free, perpetual, irrevocable, non-exclusive, transferable, worldwide right and license to:
Removal of User Content
QMI IS under no obligation to post or use any User Content, and we may remove User Content of which we become aware at any time for any reason in our sole discretion.
Contests, Sweepstakes and Promotions
You acknowledge that if and when QMI sponsors contests, sweepstakes, or promotions (each a “Special Program”), or third parties sponsor a Special Program in conjunction with QMI, QMI or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with these Terms, will govern that particular Special Program.
Reporting Copyright Infringement and Repeat Infringer Policy
If you are a copyright owner or agent and believe any content or other information appearing on or in the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted 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;
(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
QMI’s designated agent to receive notifications of claimed infringements: Director of Digital Content & Technology, Quincy Media, Inc., 5727 Tokay Blvd., Madison, WI 53719; Phone: 608-661-2757; Email: email@example.com.
QMI reserves the right to terminate a user’s access to the Services if we determine, in our sole discretion, that the user is a repeat infringer. For purposes of the DMCA, a repeat infringer is a user who has been notified of infringing activity and has had User Content (as defined above) removed from the Services more than once.
If you consider any material appearing on or in the Services to be objectionable and would like to report it, please send an e-mail to firstname.lastname@example.org.
Quincy Media, Inc., any QMI station call signs, any QMI newspaper names and branding (including Herald-Whig, LocalQ and New Jersey Herald) and Quincify are trademarks and service marks of QMI. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on or in the Services without the prior written consent of the owner of the mark.
Where AP Content is Used
Some of the content published by us is used under license from the Associated Press. For that content, the terms listed here apply: http://www.ap.org/terms-and-conditions/.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS QMI AND ITS directors, officers, shareholders, employees, representatives, successors, agents, partners, clients, sponsors and contractors, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE LEGAL FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR VIOLATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PROVISIONS RELATING TO USER CONTENT AND THE CODE OF CONDUCT ABOVE, (B) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER OF THE SERVICES, AND/OR (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR SITE-RELATED SERVICES.
QMI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
Warranty Information; Limitation of Liability
THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT OR INFORMATION CONTAINED WITHIN THIS WEB SITE OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY QMI. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND SITE-RELATED SERVICES.
NEITHER QMI NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT QMI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THOSE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION.
Errors and Omissions
Although QMI attempts to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties. QMI makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform email@example.com so that it can be corrected.
Some content available through the Services represents the opinions and judgments of the respective information provider, user or member, or other user not under the control of QMI. QMI does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on or in the Services by anyone other than authorized QMI employees. Under no circumstances will QMI be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
Links to Other Web Sites and Services
Availability of Products or Services; Void Where Prohibited
Not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. QMI reserves the right to limit the availability of the Services and/or the provision of any product or service on any personal, geographic or jurisdictional basis, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Services is void where prohibited.
If you fail, or if QMI suspects that you have failed, to comply with any of the provisions of these Terms, QMI may, in its sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to or account for the Services. If your access or account has been terminated, QMI may, but is not obligated to, irretrievably delete any and all content stored pertaining to activity from your registration. You may terminate this agreement at any time by simply discontinuing access to and use of the Services.
These Terms are entered into in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois, exclusive of its choice of law rules. Each party to these Terms hereby submits to the exclusive jurisdiction of the state and federal courts of Adams County, State of Illinois, and waives any jurisdictional, venue or inconvenient forum objections to such courts. You further agree that neither you nor qmi will participate in a class action lawsuit or class action arbitration or claims brought in a private attorney general or representative capacity, if qmi is a party to such a proceeding.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees.
In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
No Obligation to Participate in Disputes Between Users
If there is a dispute between users of the Services, or between a user and any third party, you understand and agree that QMI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release QMI and its officers, employees, shareholders, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
Entire Agreement; No Waiver; Headings
These Terms constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
No Third Party Rights; Assignment
Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by QMI without restriction.
Updated August 1, 2018