If
you choose to use zip06.theday.com web services, you will be agreeing to
abide by all of the terms and conditions of this Agreement between you
and the Day Publishing Company. Your continued use of zip06.theday.com
now, or following the posting of notice of any changes in this ‘User
Agreement’, will indicate acceptance by you of such rules, changes or
modifications. The current version of this document will always be
available on zip06.theday.com, and it is your responsibility to review
it on a regular basis.
While much of zip06.theday.com website is open to the public, certain content and
services, including participation in the interactive community, does
require registration. Participation in this interactive community is a
privilege and not a right. If you violate this ‘User Agreement’ or
otherwise act in a fashion as to disrupt zip06.theday.com, we may cancel
your account, prohibit you from opening alternate accounts and deny you
access to portions of theday.com.
The
Service and Contents of zip06.theday.com are protected by copyright
pursuant to U.S. and international copyright laws. You may not modify,
publish, transmit, participate in the transfer or sale of, reproduce,
create new works from, distribute, perform, display, or in any way
exploit, any of the Content or the Service (including software) in
whole or in part, without the express, written permission of The Day
Publishing Company.
For so long as your
account remains active and in good standing, you are granted a
nontransferable license to use, for personal, noncommercial use,
content published on theday.com.
You
expressly agree that The Day Publishing Company shall bear no liability
for delays, inaccuracies, errors and omissions or defamation for any
content provided by any third party, including news services and
theday.com members, or for material on third-party sites to which
theday.com may be linked.
Membership
To
access some Interactive services and to contribute content to zip06.theday.com, you must first create an account and become a member.
While membership grants certain privileges, it also carries with it
many responsibilities.
Your member responsibilities include that;
- You
will provide and maintain accurate personal information in your member
record and you will maintain the security of your account and the
secrecy of your password.
- You
will not impersonate anyone in either the private or public portions of
your member profile or through the content you submit to theday.com.
- You
will not post content that degrades others on the basis of gender,
race, class, ethnicity, national origin, religion, sexual preference,
disability or other classification.
- ou
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.
- You will 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 post content
using only your own member account, and that you are responsible for
any content posted under your member profile including defamatory
material, illegal activity and infringement of other people’s
intellectual property rights.
- You
will not disrupt the normal flow of dialogue with an excessive number
of submissions (flooding attack) to theday.com, or otherwise negatively
affects other members’ use of zip06.theday.com
- You
will indemnify The Day Publishing Company, 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.
While
some parts of zip06.theday.com are open to all, membership is available
only to persons aged 13 years and over. Under no circumstances may
persons under the age of 13 register for membership, and theday.com
explicitly does not solicit or accept personally identifying
information from persons under the age of 13.
Contributing Content
When
you contribute content to zip06.theday.com, you may post only original
content you created, that you own, or for which you otherwise possess
express permission or licensing rights. By contributing or otherwise
publishing any content, you represent and warrant: (i) you own or
otherwise have all necessary rights, including but not limited to
copyrights, to the content you provide and the rights to use it in this
medium as provided in this Terms of Service; (ii) all information you
provide is true, accurate, current and complete, and does not violate
these Terms of Service; and, (iii) the content will not defame, cause
injury to, or harass, any person or entity.
You
retain your ownership rights to material you contribute; however, by
contributing or otherwise publishing content such as text, images,
audio and video works, you grant zip06.theday.com, Day Publishing
Company, and its related publications a world-wide, royalty-free,
perpetual license to reproduce your content on theday.com and in any
other media now known or later developed, and to use your publicly
disclosed identity and related information for online and offline
purposes, including commercial uses.
The
Day publishing Company may remove content at any time for any reason or
no reason and is in no way responsible for storage or continued
availability of content on zip06.theday.com. The Day Publishing Company
is not required, and will not seek, to pre-screen or review content
that is posted by members to theday.com, but it reserves the right to
do so in the future at its sole discretion.
While zip06.theday.com allows you to post content under a pseudonym or
“handle”, you are in no way anonymous. In cases where you post content
as private or semi-private, The Day Publishing Company will not be
responsible for ensuring the security of that private content and may
divulge that content to government or private investigators at its sole
discretion.
Neither The Day Publishing
Company nor zip06.theday.com represent or endorse the accuracy or
reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through theday.com by any member,
information provider or any other person or entity. You acknowledge
that any reliance upon any such opinion, advice, statement, memorandum,
or information shall be at your sole risk. THE SERVICE AND ALL
DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY
ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
Termination of Membership
Your
membership account through zip06.theday.com may be terminated at any
time, with or without notice, for any violation of the terms of this
agreement, or any other legitimate, good-faith reason not enumerated
herein, in the sole discretion of The Day Publishing Company. In the
event your membership is terminated, your sole recourse is to request
reinstatement of your account and membership privileges by contacting zip06.theday.com via: optoutzip06@theday.com
with "remove" in the subject heading. Please include either your member
name or the email address you joined with and we will remove your
profile within 2 business days.
Privacy
zip06.theday.com Privacy Policy defines what user information is gathered and how it is used.
Notice of Copyright Infringement
If
you are an owner of intellectual property who believes your
intellectual property has been improperly posted or distributed via
theday.com, please notify us by sending email to copyright@theday.com.
No Warranties
You
represent, warrant and covenant (a) that no materials of any kind
submitted through any current of future account(s) will (i) violate,
plagiarize, or infringe upon the rights of any third party, including
copyright, trademark, privacy or other personal or proprietary rights;
or (ii) contain libelous or otherwise unlawful material; and (b) that
you are at least eighteen years old. You hereby indemnify, defend and
hold harmless The Day Publishing Company and theday.com, and all
officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") from
and against any and all liability and costs, including, without
limitation, reasonable attorneys" fees, incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you
or any user of your account of this Agreement or the foregoing
representations, warranties and covenants. You shall cooperate as fully
as reasonably required in the defense of any such claim. theday.com
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
Limitations on Our Liability
Neither
The Day Publishing Company nor zip06.theday.com represent or endorse the
accuracy or reliability of any advice, opinion, statement, or other
information displayed, uploaded, or distributed through the Service by
any user, information provider or any other person or entity. You
acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. THE SERVICE AND
ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY
ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
Any rights not expressly granted herein are reserved.
© 2007 zip06.theday.com
This version of the Terms of Service is dated October 10, 2007