This Agreement was last updated on 4/24/18.
By using the Services (as defined below), You agree to the terms below.
Many of the sections of this Agreement offer “Summaries” at the beginning, which are meant merely to explain the terms of the Agreement and are not meant to offer additional or different terms.
1. Scope of Agreement
These Terms and Conditions of Use (otherwise known as the “Agreement”) is between you, (“You”), and American Hometown Publishing, Inc. (“AHP” or “We” or Us”).
These Terms and Conditions apply to your use of the Site located at www.americanhometownpublishing.com as well as your use of each of the local news web sites, magazine web sites, newspaper web sites, and television station web sites which are owned or controlled by Us or Our affiliates (“Properties”). The information provided on the Properties as well as on those Properties’ mobile applications, as well as any emails you may receive from Us, constitute the Services.
When You use the Services, are the terms that will govern Your use. We may change the terms of this Agreement from time to time if needed, but will post a notice of such changes so that You know what they are.
The Services are not directed to anyone under the age of 13. If you are under the age of 13, do not use the Services.
2. Registration for Use of the Services
Although we may not require you to register for use of many of the Services, some Services may require registration. If we do require registration, You are responsible for the safety and security if your username and password. If You feel Your username and password have been compromised, it is Your responsibility to notify Us and to change your registration information as soon as practicable.
3. Permission for Electronic Communication
By accessing or using the Service, registering, sending an email or otherwise communicating with AHP through the Service, you are communicating with AHP electronically, and you agree to receive electronic communication from AHP, by email and by posting to any of the Properties. You agree that any electronic communication from AHP satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to AHP or the Service, including, without limitation, by posting to the Service, email or otherwise, are and will be treated as non-confidential and non-proprietary.
3. Content on the Services
- The content on this Site or any of the Properties may change at any time.
- The Services contain content developed by Us and other third parties (“Content”). We not warrant the accuracy of any information on the Services.
4. Licenses
We grant You a limited, revocable, non-exclusive and non-transferable license, to access and use the Services for Your personal, non-commercial purposes.
5. Availability and Use of the Services
The availability of the Services depends on many factors, including some factors that are beyond Our control, such as Your connection to the Internet and the Internet backbone. We shall not be liable to You if You cannot use the Services due to any reason. You are responsible for making sure your computer or mobile device has the right software to allow you to access and use the Services.
6. Your Submissions
Certain of the Sites in the Services may provide the opportunity for users to submit commentary or reviews, or other material (“Submissions”). You are responsible for Your Submissions, and we reserve the right to terminate the License to You and revoke Your access to the Services if any of your Submissions:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials that you do not own, or for which you do not have written consent from the owner of such materials to post on the Service);
- violates anyone’s right of publicity or right of privacy;
- is threatening or harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities, and We shall report any such activities of which we become aware to the proper authorities;
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures;
- contains “masked” profanity (e.g., F@&#)
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains or links to any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
AHP has no obligation to screen or monitor content, but We reserve the right to review Submissions to ensure that they are in compliance with these Terms of Use. We may remove or edit Submissions at our discretion and without notice.
7. Notice of and Procedure for Copyright Infringement
SUMMARY: We are required to include this Section in order to protect AHP from liability for copyright infringement. Do not upload material to any of the Properties that you do not own or have written permission to use in that manner. If You feel that Your own copyrights have been infringed on any of the Services through another users’ submissions, please follow the procedure below.
(a) We respect other’s intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, We have designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Services. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or any of the Properties, please send Our Designated Agent a notice containing the following elements:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
- A description of where the material that You claim is/are infringing is/are located, including the URL, so that We can locate the material;
- Your address, telephone number and email address;
- A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
(b) Send the notice containing the above information to the following Designated Agent:
Name of Designated Agent: American Hometown Publishing, Inc. – DMCA Notification
Mailing Address: Aaron & Sanders PLLC
605 Berry Road
Nashville, TN 37204
Telephone number: 615-734-1122
E-mail Address: general@aaronsanderslaw.com
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING OUR DESIGNATED AGENT THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO OUR DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
8. Links to Other Internet Sites
SUMMARY: We are not responsible for the content on any websites to which the Services have links, and We do not endorse any of those websites merely by providing links.
The Services may contain links to Internet sites owned, operated or maintained by third parties not under Our control. These links are provided for Your convenience of reference only. Such links are not representative of Our endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
9. Governing Law and Jurisdiction; Limit on Commencing Actions
(a) This Agreement is governed by the laws of the State of Tennessee, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Davidson County, Tennessee, and the Middle District of Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Services.
(b) You must commence any cause of action or claim against Us within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
10. International Access
Many of the Services can be accessed from countries other than the United States. The Services may contain products or services, or references to products or services, that are not available outside of the United States. If You access and use the Services outside the United States You are responsible for complying with Your local laws and regulations.
11. Warranty Disclaimer; Limitation of Liability
SUMMARY: We offer the Services “as is.” We are not liable to You for any damages except direct, provable damages, and not for more than what You have paid Us in the month before the damage occurred.
(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE SERVICES MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. AHP DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. AHP DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AHP, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF AHP HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AHP’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO AHP FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO AEA’S LIABILITY.
12. Indemnity
SUMMARY: You agree to cover Our costs for any damage caused by You, including any damage to a third party.
You agree to indemnify, defend and hold harmless AHP, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this the Services, including without limitation claims arising out of information or materials submitted to the Services by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Us in the defense of such claims.
13. Relationship of Parties
No joint venture, partnership, employment, or agency relationship is created between You and Us as a result of this Agreement or any use of the Services. You agree not to hold Yourself out as a representative, agent, or employee of AHP and We shall not be liable for any representation, act or omission by You to the contrary.
14. Contact Information
Please send any questions or comments (excluding all inquiries related to copyright infringement) regarding the Services by e-mail to david@americanhometownpublishing.com
15. Reservation of Rights
Any rights not granted to You in this Agreement are reserved by Us. Any rights not granted to Us by You in this Agreement are reserved by You.
