Terms Of Use for anchoragedailyplanet.com

 

Welcome to anchoragedailyplanet.com, a news, and information and communication service available on the Internet's World Wide Web. 

 

You must read, agree with and accept all of the terms and conditions contained in these Terms of Use before you may become a Member of anchoragedailyplanet.com. By registering as a Member, and/or by accessing and using anchoragedailyplanet.com, you agree to these Terms of Use.

 

From time to time, we may make changes to these Terms of Use by posting the changes here. Should you object to any such modifications to these Terms of Use or become dissatisfied with anchoragedailyplanet.com in any way, your only recourse is to immediately terminate your Membership and discontinue use of anchoragedailyplanet.com. Otherwise, continuing to use the service after that date means that you agree to be bound by the changes.

 

Cost

At this time, there is no cost for using anchoragedailyplanet.com. From time to time there may be premium content available via subscription or surcharge, and those areas will be clearly marked. Because this is an advertising-supported service, we encourage you to patronize the advertisers that help to make this service possible.

 

Registration

Access to some services and features on anchoragedailyplanet.com requires users to register and become Members of anchoragedailyplanet.com. Member registration requires you to provide certain Personally Identifiable Information, such as your name, e-mail address, street address, gender, and date of birth. Please see our privacy agreement for information on anchoragedailyplanet.com's information gathering and how we intend to use and share any information we collect. If you become a Member of anchoragedailyplanet.com, you accept responsibility for all activities that occur under your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access anchoragedailyplanet.com using your username or account in whole or in part. Anchoragedailyplanet.com reserves the right to terminate Membership and deny access to the site to any person who violates these Terms Of Use.

 

Copyrights and trademarks

Material published on anchoragedailyplanet.com, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content, is copyrighted by Anchorage Daily Planet, or by other information providers who have licensed their content for use on anchoragedailyplanet.com. Additionally, the entire content of anchoragedailyplanet.com is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is Anchorage Daily Planet. You cannot reproduce, republish or redistribute material from Anchorage Daily Planet, the Associated Press and other news services and syndicates in any way without the written consent of the copyright owner.

 

You may, however, electronically store a reasonable portion of anchoragedailyplanet.com content for your personal, non-commercial use by making a single electronic copy on your computer's hard drive, a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the content or create a database using the content.

 

These rules also apply:

You will not in any way violate the intellectual property laws protecting the content accessible through anchoragedailyplanet.com. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of anchoragedailyplanet.com or others.

You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of Anchorage Daily Planet or a third-party copyright holder.

You will cooperate promptly and completely with any reasonable request by Anchorage Daily Planet related to an investigation of infringement of copyright or other proprietary right.

 

To obtain permission to reuse or republish any material copyrighted by anchoragedailyplanet.com, please contact editor(at)anchoragedailyplanet.com. Anchorage Daily Planet cannot grant permission to reuse or republish material from other information providers, such as the Associated Press or New York Times News Service. Please contact them directly.

 

Member Content is any information, including photographs, you provide to us or other users in the registration process, in any public message area (including the comments area) or through any e-mail feature. You are solely responsible for Member Content, and we act as a passive conduit for your online distribution and publication of Member Content. Member Content must conform to the guidelines set forth under Community Publishing Guidelines below. Anchoragedailyplanet.com reserves the right to remove any material that it believes may violate these Terms or Use, or any copyright or third-party rights.

 

Anchorage Daily Planet, anchoragedailyplanet.com and its logos are registered service marks or trademarks.

 

Digital Millennium Copyright Act Notice

 

If you believe that anchoragedailyplanet.com or any user of anchoragedailyplanet.com has infringed your copyright in any material way, please notify our Editor and provide the following information: 

 

1. An identification of the copyrighted work that you claim has been infringed. 

2. An identification of the material on adn.com that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site. 

3. Your name, address, telephone number and e-mail address. 

4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law. 

5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved. 

6. Your physical or electronic signature. 

 

Submissions

By submitting any content to anchoragedailyplanet.com, including photographs, you automatically grant anchoragedailyplanet.com a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way adn.com uses such content.

 

Community Publishing Guidelines

Anchoragedailyplanet.com encourages a free and open exchange of ideas in a climate of mutual respect. Anchoragedailyplanet.com welcomes your participation in our online comment posting system as well as the community events and Member Gallery areas. We hope these forums offer you the chance to interact with our writers and each other.

 

In order to keep these postings enjoyable and interesting for all of our users, we ask simply that you follow these minimal rules. These rules are only a minimum; in addition to complying with these rules, we ask that you also exercise common sense and generally be considerate toward your fellow users. By participating either in our comment posting system, community events posting or Member Photo Gallery areas, you are consenting to these rules.

 

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party and that you will remove the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. You will indemnify anchoragedailyplanet.com, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys' fees) resulting from any claim brought by any third party relating to content you have posted.

 

2. You understand and agree that anchoragedailyplanet.com is not responsible for any content posted by third parties. You further understand that anchoragedailyplanet.com does not and cannot review all content prior to its posting. Keep in mind that more than likely you will read a post before anchoragedailyplanet.com staff. Nevertheless, anchoragedailyplanet.com may monitor the comment and gallery areas as it chooses and reserves the right (but assumes no obligations) to remove, edit or otherwise alter content that it deems inappropriate for any reason without obtaining anyone’s consent. We further reserve the right, in our sole discretion, to remove a user's privilege to post content in our discussion forums.

 

3. You understand and agree that the comment and gallery areas are to be used only for noncommercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

 

4. The comment areas are for text only. Use of graphics and audio is not appropriate.

 

5. You acknowledge and agree that you use and/or rely on any information obtained through the comments area, community events area, and member gallery area at your own risk. Anchoragedailyplanet.com is not in any manner endorsing the content of the postings and cannot and will not vouch for their reliability.

 

6. For any content that you post, you hereby grant to anchoragedailyplanet.com the royalty-free, irrevocable, perpetual, exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

 

To register a complaint about another user's conduct, please send an e-mail message to comments(at)anchoragedailyplanet.com.

 

Other Prohibited User Conduct. You warrant and agree that, while using anchoragedailyplanet.com you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from anchoragedailyplanet.com, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services, or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site. You also shall not and, by your use of the Web Site, represent and warrant that you are not:

·        engaging in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other non-public anchoragedailyplanet.com information, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site;

·        obtaining or attempting to obtain unauthorized access to computer systems, materials or information through any means;

·        using the Web Site or the Web Site’s services or features in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services or features, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;

·        removing, concealing, editing or otherwise altering any trademark, copyright or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the Web Site (for example, without limitation, in any Podcast, photograph or text);

·        using the Web Site or the Web Site’s services or features in violation of the anchoragedailyplanet.com’s or any third party’s intellectual property or other proprietary, privacy or legal rights;

·        using the Web Site or the Web Site’s services in violation of any applicable law;

·        attempting (or encouraging or supporting anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof;

·        using the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site or any of its services; or

·        obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.

Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.

 

User participation photo galleries

Thanks for your interest in contributing to our photo galleries. Anchoragedailyplanet.com may publish on the Web any photo submitted. All photos submitted become the property of anchoragedailyplanet.com. We may use them for any purpose without compensation to you. In submitting -- by e-mail or other means -- these photos to us, you agree to these terms.

 

Privacy rights

anchoragedailyplanet.com takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the anchoragedailyplanet.com Web site or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on anchoragedailyplanet.com are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.

 

You agree that anchoragedailyplanet.com may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of anchoragedailyplanet.com or its affiliates. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

 

International Users

You acknowledge and agree that due to the international dimension of our company we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties which may be outside your resident jurisdiction. Anchoragedailyplanet.com stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way please do not use our site or services.

 

Children's use of anchoragedailyplanet.com

Anchoragedailyplanet.com is particularly concerned with providing a safe online environment for children. Parents and legal guardians of children under age 13 who register will be able to establish a member account for their child by accessing the Member Center. Children under age 13 without signed Parental Consent Forms are not allowed to become members of anchoragedailyplanet.com. For more information about how anchoragedailyplanet.com handles children’s privacy, please refer to our Privacy Policy.

 

Other services and information providers accessible through anchoragedailyplanet.com have their own policies about children's privacy, and you should contact them directly for their policies.

 

Anchoragedailyplanet.com strongly recommends that parents supervise the use of the Internet by their children. A number of commercial products are available to help limit access to material on the Internet that you may consider harmful or inappropriate for your child.

 

Disclaimer

While anchoragedailyplanet.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does anchoragedailyplanet.com guarantee or warrant that any files available for downloading will be free of defects. Neither anchoragedailyplanet.com nor any of its information providers shall be liable in any way to you or the other parties for delays, inaccuracies, errors or omissions in the material published in anchoragedailyplanet.com.

 

While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of anchoragedailyplanet.com and the accuracy and completeness of any information is with the user of our service.

 

Likewise, anchoragedailyplanet.com does not warrant that our service will be uninterrupted or error-free. Anchoragedailyplanet.com makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published on the anchoragedailyplanet.com Web site or any products or services sold through the anchoragedailyplanet.com Web site.

 

Opinions, advice and all other information expressed on anchoragedailyplanet.com comments section represent the individual's own views and not necessarily those of anchoragedailyplanet.com. Anchoragedailyplanet.com does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized anchoragedailyplanet.com spokespersons.

 

Any investment decisions or other actions that users take based on information available on anchoragedailyplanet.com should first be reviewed by a competent financial adviser or other professional.

 

THE ANCHORAGEDAILYPLANET.COM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).

 

In no event will anchoragedailyplanet.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use anchoragedailyplanet.com, or any information or services provided on anchoragedailyplanet.com, even if anchoragedailyplanet.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on anchoragedailyplanet.com.

 

Indemnification

You agree to indemnify, defend and hold anchoragedailyplanet.com  harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

 

Jurisdiction

This Agreement between anchoragedailyplanet.com and its users will be governed and interpreted under the laws of the state of Alaska, without regard to its conflict of law provisions. Any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations, and filed in the Superior Court for the State of Alaska, Third Judicial District at Anchorage.

 

Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms of Use or anchoragedailyplanet.com, excluding legal action taken by anchoragedailyplanet.com to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Anchorage, Alaska, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

 

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Offices

Anchoragedailyplanet.com offices are located at 433 W. 9^th Ave., Anchorage, AK 99501.

 

Questions and comments about anchoragedailyplanet.com

We hope you enjoy using anchoragedailyplanet.com. Questions and comments about the content of anchoragedailyplanet.com may be sent by submitting an e-mail to comments(at)anchoragedailyplanet.com. We read all comments sent to us and try to respond to as many as possible.

 

Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. anchoragedailyplanet.com cannot address questions except those specifically about content and services that we provide.

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