TERMS OF SERVICE
Date of last revision: June 2, 2015
Modifications to the Terms of Service
GDW, in its sole and absolute discretion, may periodically make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that: i) GDW may notify you of such changes or modifications by posting them to this Site and ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, GDW may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.
This Site and the Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are at least eighteen (18) years of age.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your user information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
You may be asked to register in order to use certain Services including, but not limited to GDW’s daily newsletter. You agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. GDW reserves the right to suspend or terminate your registration and to refuse any and all current or future use of the Site and/or related Services if it suspects that such information is inaccurate or incomplete.
Usage of Site and Services
The information contained in this Site and by way of its Services is provided in good faith for general information purposes only. The information is provided by GDW and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk, for which GDW shall not be liable. It shall be your own responsibility to ensure that any products, services, services, or information available through this Site meet your requirements.
GDW hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without GDW's prior written consent.
You acknowledge and agree that:
1. Your use of the Site and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
2. You will not impersonate another User, or collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services for hate speech, hate crimes or violence.
4. You will not use this Site or the Services in a manner nor post or otherwise publish on the Site or otherwise convey through the Site or its Services any materials that (as determined by GDW in its sole and absolute discretion):
a) are illegal, threatening, intimidating, defamatory, libelous, harassing, obscene, or abusive;
b) would constitute hate or discriminatory speech;
c) violates a person’s right to privacy or publicity;
d) infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
e) degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
f) contains advertising or solicitations of any kind without GDW’s express prior written consent;
g) would violate, or that advocates or encourages activity that would violate any applicable local, state, national, or international civil or criminal law;
h) or that is otherwise objectionable.
5. You will not use this Site or the Services: to send spam or other unsolicited bulk email; for computer or network hacking or cracking; or to take any action that imposes an unreasonable or disproportionately large load on our network, our service provider, or our infrastructure, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site, the Services, or any other digital site or provider of services; or to engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized means to compile information, or to engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users, or any third party to any liability, damages, or detriment of any type.
6. You will not access GDW Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as GDW may designate.
7. You will not use this Site or the Services found at this Site, including any of GDW’s related technologies, for any commercial use without GDW’s express prior written consent.
GDW reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site at any time.
Our Use of User Content
Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish or share their ideas, opinions, survey responses, preferences or feedback (e.g., through a “like” or “comment” function) relating to GDW’s news articles or current events (“User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to GDW that: (i) you have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.
GDW has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that GDW may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
If you post or publish your User Content to this Site, you authorize GDW to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant GDW a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and GDW’s business, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that GDW may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
GDW reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. GDW may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by GDW in its sole and absolute discretion), at any time and without prior notice. If GDW terminates your access to this Site or the Services found at this Site, GDW may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Links to Third-Party Websites
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by GDW, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. These links are provided solely as a convenience to you and do not constitute an endorsement by GDW of the content on such websites nor of the business practices of those operating those websites. GDW has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, GDW does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release GDW from any and all liability arising from your use of any third-party website. Accordingly, GDW encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. It shall be your own responsibility to ensure that any products, services, services, or information available through this these third-party web sites meet your requirements.
GDW has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). It is GDW’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders.
Written Notification. GDW will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include GDW removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. Written notification must be submitted to the Designated Agent at the address identified in Address for Notice section below. All notices sent to GDW regarding matters other than informing GDW that a party's copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:
Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, GDW shall, (1) remove or disable access to the Third Party Content that is alleged to be infringing; (2) forward the written notification to the alleged infringer (the “Subscriber”); (3) reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
Counter Notification. To be effective, a Counter Notification must be a written communication provided to GDW's Designated Agent that includes substantially the following:
Upon receipt of a valid Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and GDW will comply with this requirement within a reasonable time (or as otherwise required by law), provided GDW's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on GDW's network or system.
To the maximum extent permitted by law, you agree to indemnify and hold harmless GDW, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees and fess of other professional advisors, arising out of or in relation to i) your use of the Site or Services (including, without limitation, your User Content and your use of any GDW content), ii) your online conduct, iii) your violation or breach of the Terms, iv) your failure to comply with any applicable laws or regulations, v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or vi) any of your dealings or transactions with other persons resulting from use of the Site or Services. GDW reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
The content and functionality on the site is provided with the understanding that GDW is not herein engaged in rendering professional advice and services to you. The information provided on the site may not be considered as legal or other professional advice. Accordingly, no actions should be taken on this information without prior expert advice. All content and functionality on the site is provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. GDW does not warrant that the Services will be continually available, uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the news, information, or other materials available through the services. GDW and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. GDW shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the site, or provided by third parties. GDW, its affiliates, and their directors, officers, managers, employees, shareholders, agents, third-party content providers, and licensors shall have no liability for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms), whether or not advised of the possibility of such damages or losses and regardless of the theory of liability. Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. Our failure to enforce any provision of the Terms or respond to a breach by you or other parties shall not in any way waive our rights to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Please contact us at firstname.lastname@example.org, SUBJECT: Terms, should you have any questions about this policy.