March 30, 2015
TERMS AND CONDITIONS: SALEM-NEWS.COM
Welcome to Salem-News.com, we hope you enjoy your visit and will return often. To make sure you are clear on our policies and procedures, please read this section.
BY ACCESSING, SUBSCRIBING, DOWNLOADING AND/OR OTHERWISE USING THE SALEM-NEWS.COM WEBSITE, YOU
(I) CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT, IF YOU ARE ACTING ON BEHALF OF ANY PERSON OR ENTITY, YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH PARTY;
(II) HAVE READ THIS AGREEMENT AND HAVE AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT; AND
(III) AGREE TO ALL OPERATING RULES AND POLICIES OF SALEM-NEWS.COM THAT MAY BE PUBLISHED WITHIN THE SALEM-NEWS.COM WEBSITE.
Trademark and Copyright Information
This Website is owned by Bonnie King, Salem-News.com. The contents of this Website are ©2014 Salem-News.com. All rights reserved. As an active, independent news agency, Salem-News.com considers Copyright infringement a very serious matter. At all times, we mean to strictly adhere to the law, including “Fair Use” as stated under US Copyright Law, below:
As an active, independent news agency, Salem-News.com considers Copyright infringement a very serious matter. At all times, we mean to strictly adhere to the law, including “Fair Use” as stated under US Copyright Law, below:
Salem-News.com's Proprietary and Confidential Rights
We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Salem-News.com. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Salem-News.com is not undertaking any obligation or liability relating to the content. Salem-News.com and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Salem-News.com and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Salem-News.com reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
Use of Salem-News.com Technology
All rights not expressly stated herein are reserved by Salem-News.com and Salem-News.com disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:
(i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Salem-News.com technology, or any part thereof;
(ii) copy or reproduce the Salem-News.com technology, or any part thereof, in any form;
(iii) create compilations or derivative works of the Salem-News.com technology, or any part thereof;
(iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or
(v) use the Salem-News.com technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Salem-News.com, its third party suppliers or any other third party. You agree not to access the Salem-News.com technology by any means other than through the interface that is provided to you by Salem-News.com for use in accessing Salem-News.com technology.
The posting of information or other materials on the Salem-News.com Website or within the Salem-News.com Technology by Salem-News.com does not constitute a waiver of any proprietary right in and to the Salem-News.com Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to a user of the Salem-News.com Technology except for the limited license expressly granted herein.
Access to Salem-News.com Technology
You shall be responsible for obtaining access to Salem-News.com technology and for all equipment necessary to access the Salem-News.com Website and services, and you acknowledge that obtaining the foregoing may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for all charges associated with connecting you to Salem-News.com, including, without limitation, all telephone, equipment, airtime and Internet service provider charges.
Access by children to Salem-News.com
This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this site. PARENTS/GUARDIANS: If your children disclose information about themselves in publicly accessible areas of any Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so and supervise their online activity.
Without limiting the foregoing, Salem-News.com (including, but not limited to, the Salem-News.com Website) may contain offers for Salem-News.com or for the purchase or lease of merchandise or services of clients. Such merchandise and services may be obtained only by linking to the merchant Website in order to make the transaction. Terms of the offer shown on Salem-News.com, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant's Website. Any differences in the terms of an offer between Salem-News.com and a merchant's Website will be governed by the terms shown on the merchant's Website. Salem-News.com is not responsible or liable for any such differences or discrepancies.
Submission of Materials
Other than personally identifiable information, which is addressed under our Privacy Statement, any and all comments, suggestions, ideas, graphics, or other information that you transmit to Salem-News.com through Salem-News.com technology ("Submission") become and will remain the sole and exclusive property of Salem-News.com and may be used by Salem-News.com anywhere, anytime and for any reason whatsoever. Personally identifiable information will also remain the property of Salem-News.com and may be used by Salem-News.com subject only to our Privacy Statement found on www.Salem-News.com. To the extent Salem-News.com does not acquire ownership to your Submission, you hereby assign all right, title and interest in and to such information to Salem-News.com without the payment of any further consideration to you by Salem-News.com. You agree to execute any instruments and to do all things reasonably requested by Salem-News.com to vest in Salem-News.com all right, title and interest in and to your Submission. You also hereby irrevocably designate and appoint Salem-News.com and its duly authorized officers and agents as its agent and attorney in fact, which appointment is coupled with an interest, to act for and in its behalf to execute, verify and file any document and do any other lawfully permitted acts to further the purpose of the foregoing sentences with respect to the ownership of the Submission.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within Salem-News.com and to select a unique username and password in order to be able to access your account and use any of the Salem-News.com technology (i.e. Forum). As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Salem-News.com in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e. "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you may be liable for all activity and transactions made by that person including transactions for which you may not have intended to be liable.
Please notify us immediately of any unauthorized use of your user name and password via email to bonnie@Salem-News.com.
Salem-News.com has the right, but not the obligation, to monitor the content of Salem-News.com, including comments and forums, to determine compliance with this Agreement and any operating rules established by Salem-News.com and to satisfy any law, regulation or authorized government request. Salem-News.com has the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Salem-News.com. Without limiting the foregoing, Salem-News.com has the right to remove any material that Salem-News.com, in its sole discretion, finds to be in violation of the provisions hereof, or otherwise objectionable (including, but not limited to, spam, offensive sexual, racial or gender related material, and material that violates Salem-News.com's then current policies).
Salem-News.com resides on the public Internet. Salem-News.com uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Salem-News.com and any information stored on servers controlled by Salem-News.com. Notwithstanding these efforts, Salem-News.com cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising there from.
Without limiting the foregoing, you shall not
(i) violate or attempt to violate the security of any part of the Salem-News.com technology;
(ii) access data or materials not intended for you;
(iii) log into a server or account which you are not authorized to access;
(iv) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or
(v) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to Salem-News.com, overloading, "flooding," "mailbombing" or "crashing" Salem-News.com`s technology.
Violations of system or network security may result in civil or criminal liability. Salem-News.com reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Disclaimer of Warranty
Although Salem-News.com uses reasonable efforts to make available accurate, up to date news and information, you assume total responsibility and risk for use of Salem-News.com technology. THE SALEM-NEWS.COM TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. Salem-News.com further does not warrant the accuracy, completeness, or timeliness of the materials within Salem-News.com. Salem-News.com may make changes to the materials in the Salem-News.com Website, or to the products or services described in it, at any time without notice. Further, Salem-News.com, assumes no liability or responsibility for any errors or omissions in the content of Salem-News.com.
Limitation of Liability
NEITHER SALEM-NEWS.COM, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE SALEM-NEWS.COM WEBSITE, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING SALEM-NEWS.COM SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, OR ACCESS TO SALEM-NEWS.COM TECHNOLOGY OR FROM YOUR INABILITY TO ACCESS AND USE THE SALEM-NEWS.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN SALEM-NEWS.COM; THE LINKING TO OTHER WEBSITES FROM SALEM-NEWS.COM; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH, OR OBTAINED FROM SALEM-NEWS.COM; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN SALEM-NEWS.COM WHETHER OR NOT SALEM-NEWS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL SALEM-NEWS.COM'S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, STRICT LIABILITY OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF THE FEES, IF ANY, PAID BY YOU TO SALEM-NEWS.COM, FOR ACCESSING SALEM-NEWS.COM OR FIVE DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Indemnification by User
You agree to indemnify and hold Salem-News.com and its subsidiaries, affiliates, agents, co-branders and their officers, directors, employees and agents ("Salem-News.com Parties") harmless from any liability, loss, claim, action, debt and expense, including, without limitation, attorneys' fees, and, you agree, at Salem-News.com's request, to defend the Salem-News.com Parties from and against any and all claims arising out of or relating to:
(i) your use of (or inability to use) Salem-News.com`s Website and/or technology;
(iii) the infringement by you, or any other person using your password and account, of any right of any person or entity including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy right;
(iv) any other activities of yours attempted or accomplished using Salem-News.com technology;
(v) any use of your account and password information;
(vi) any use by the Salem-News.com Parties of your Submission; and
(vii) your Submission and/or the Salem-News.com Parties, use of your Submission infringing on any intellectual property and/or proprietary right including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy right.
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself or any other individual or entity any Confidential Information of Salem-News.com. "Confidential Information" means any trade secrets or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Salem-News.com or its licensors, including, but not limited to, all parts of Salem-News.com`s technology and any other materials or information related to the business or activities of Salem-News.com that are not generally known to others engaged in similar businesses or activities.
Salem-News.com does not imply that the materials published on or through Salem-News.com Website are designed or appropriate for use outside of the United States. If you access Salem-News.com from outside of the United States, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of Salem-News.com, you may not view or use Salem-News.com.
This Agreement shall be governed and construed in all respects by the laws of the State of Oregon, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. The parties agree that the exclusive jurisdiction and venue of any dispute amongst the parties shall be entered in the state or federal courts within Oregon and each of the parties hereby submit to the exclusive jurisdiction and venue of such courts for the purposes of such action. To the fullest extent permitted by applicable law, each of the parties hereby waives and covenants that it will not assert (whether as plaintiff, defendant, or otherwise), any right to trial by jury in any forum in respect of any claim arising out of or based upon this Agreement.
Severability and Integration
This Agreement, our Privacy Statement and any other document referenced herein constitute the entire agreement between you and Salem-News.com with respect to the Salem-News.com technology; provided, however, that certain provisions of the Agreement may be superseded by expressly designated legal notices or terms which may be located on particular pages on the Salem-News.com Website or within Salem-News.com`s technology. If any part of this Agreement is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect. Any waiver of any provisions contained in this Agreement by Salem-News.com shall not be deemed to be a waiver of any other right, term, or provision of the Agreement.
In case of any controversy or claim arising out of or related to this Agreement, the parties agree that the matter (other than claims for which injunctive relief is sought) shall be settled by arbitration administered by the American Arbitration Association in accordance with such entity's expedited arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Salem, Oregon. Notwithstanding anything to the contrary herein, any claim or controversy involving intellectual property rights, the payment of any fees owed to Salem-News.com or a breach of a confidentiality obligation owed to Salem-News.com shall be excluded from the foregoing mediation and arbitration requirements. Subject to the foregoing, each party hereby submits to the personal jurisdiction of the State and Federal Courts in the State of Oregon for purposes of the enforcement of any arbitral awards and for purposes of the appropriate court providing injunctive relief.
Salem-News.com Privacy Statement
Salem-News.com has a Privacy Statement that discloses what information Salem-News.com collects about you, how Salem-News.com uses such information, the steps Salem-News.com takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The policy is available on the Salem-News.com Website and is incorporated herein by this reference.
Salem-News.com Intellectual Property Notice
Salem-News.com respects the intellectual property of others, and Salem-News.com asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Salem-News.com's Copyright Agent the following information (the "Notice"):
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim has been infringed is located on the Salem-News.com Website;
(iv) your address, telephone number and email address;
(v) 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; and (vi) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Salem-News.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at:
Order of Preference
This Agreement governs your use and access to the Salem-News.com Website and technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Salem-News.com. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Salem-News.com Website or within Salem-News.com's technology, conflicts with any provision of your other agreements with Salem-News.com, the terms of such other agreement shall, take precedence over the conflicting term(s) of this Agreement.
'At Will' Working Relationship PolicyWriters/Correspondents/Photographers: Salem-News.com and all those we work with are entered in an “At Will” relationship, whether it is a volunteer position or a paid position with the company. Salem-News.com does not offer tenured or guaranteed employment for any period of time to any volunteer or employee without an employment contract and/or written direction from the Publisher/President. Either the Company (Salem-News.com) or the volunteer/employee can terminate the work relationship at any time, with or without cause, with or without notice.
We expect that both parties will exercise good faith in communication efforts, as well as fairness, and non-discriminatory practices in their decision-making. Correction of any known performance problems or other issues before dissolution of the work relationship is to be given priority. This employment at will relationship exists regardless of any other written statements or policies contained in the Company Handbook or any other Company documents or any verbal statement to the contrary. Exceptions to the Employment at Will Policy: No one except Salem-News.com’s Publisher/President can enter into any kind of employment relationship or agreement that is contrary to the previous statement. To be enforceable, such relationship or agreement must be in writing, signed by the Publisher/President, and notarized.
Revisions and Consents
Requests for the consent or approval of Salem-News.com should be made in writing and directed to Bonnie King (Bonnie@Salem-News.com).