Kalamazoo Times

Kalamazoo Times

Wednesday, October 23, 2019

Metric Media, LLC Terms of Service

These terms and conditions (the "Terms") govern your access to and use of Metric Media, LLC’s Kalamazoo Times news site and mobile application (“Site”) that link to or reference these Terms. By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with Metric Media, LLC. If you are unwilling or unable to be bound by the Terms, please do not access or use the Site.

Your access and use of Metic Media, LLC is subject to these Terms of Service ("TOS"). We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this TOS and the Privacy Policy at any time without notice.. Your continued use is subject to all such revisions. If you do not agree to these TOS then do not use Metric Media, LLC news site.

Site Restrictions

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. We may terminate, without notice, your access to Metric Media, LLC for failure to comply with this section.

User Content

"Content" means text, images, photos, audio, video, location data, and all other forms of data provided by the users of Metric Media, LLC and any data extracted or compiled therefrom. Metric Media, LLC is a passive conduit of Content and you agree that you are solely responsible for obtaining any third party licenses or other permissions related to your Content. As a provider of interactive services, Metric Media, LLC is not liable for any statements, representations or Content provided by users utilizing Metric Media, LLC. Although Metric Media, LLC has no obligation to screen, edit or monitor any of the Content posted, Metric Media, LLC reserves the right, in its sole and absolute discretion, to remove, screen or edit any Content posted or shared on Metric Media, LLC at any time and for any reason without notice.

License

Users retain ownership of all content subject to Intellectual Property law. Metric Media, LLC does not own the questions, however, by utilizing Metric Media, LLC, you hereby grant to Metric Media, LLC the non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, store, host, cache, reformat, publish, translate, encode, distribute, perform, publicly display and create derivative works of the Content in any and all media now known or hereafter developed (the “License”). As Metric Media, LLC is news site and event based social media application and all Content is stored and maintained on Metric Media, LLC’s servers, you acknowledge and grant the License in perpetuity, but in no event less than the term of any applicable worldwide copyright. You further acknowledge that Metric Media, LLC may exercise its rights under the License without any obligation to compensate you for them (just as you have no obligation to post the Content). Our license ends when you delete the content or delete your account, unless this content has been shared with others and they have not deleted it.

Third Party Content

By using Metric Media, LLC, you may be exposed to content that is offensive, indecent or objectionable. Metric Media, LLC takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party.

User Restrictions

You may not use Metric Media, LLC to:

  • i. upload, post, transmit, distribute, store or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • ii. upload, post, e-mail, transmit or otherwise make available any Content that:
    • (a) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
    • (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • iii. upload, post, transmit, distribute, store or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • iv. upload, post, transmit, distribute, store or otherwise make available any material that 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;
  • v. act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • vi. interfere with or disrupt Metric Media, LLC, our servers or networks (e.g. “Flooding”);
  • vii. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
  • viii. advertise commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
  • ix. "stalk", harass or otherwise advocate the stalking or harassing of another person;
  • x. post Personally Identifiable Information of any third party, solicit others to post third party Personal Information; or
  • xi. collect or store Personally Identifiable Information about other users in connection with the prohibited conduct and activities set forth in paragraphs i through x above;
  • xii. facilitate or encourage the violation of any of the above policies Additionally, you may not attempt to override or circumvent any security measures of Metric Media, LLC or our third party partners.

Mobile Service

Metric Media, LLC is accessible via a mobile device. Metric Media, LLC does not charge a fee for this, but your mobile device carrier fees may still apply. Further, downloading, installing, or using certain portions of Metric Media, LLC may be prohibited or restricted by your mobile device carrier, and not all features may function properly with all carriers, devices or software. We recommend you check with your mobile device carrier to find out what restrictions, if any, may be applicable to your mobile service.

LINKS

Metric Media, LLC may contain links to other websites. Metric Media, LLC does not monitor or check the accuracy of such third party materials and accordingly, Metric Media, LLC has no control over such third party sites and resources. Metric Media, LLC is: (a) not responsible for the availability of such external sites or resources; and (b) does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such third parties. If you decided to access a third party link, you do so at your own risk. You should review any terms and conditions and privacy polices prior to navigating to such third party site from the Service.

ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Metric Media, LLC, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Metric Media, LLC shall not be responsible or liable for any loss or damage incurred by you.

Contributions to Metric Media, LLC

We do not accept unsolicited feedback, ideas, documents, suggestions or other information (“Contributions”) about our products and services. We shall be free to use any Contributions provided by you for any purpose, such as improving our products and services and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and free of any third party rights or encumbrances.

No Resale of Service

You shall not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Metric Media, LLC.

Modifications to Metric Media, LLC

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of Metric Media, LLC.

Termination

We may terminate or suspend, without notice and in our sole discretion, your access to Metric Media, LLC.

Trademark Information

Metric Media, LLC and any trademarks associated with Metric Media, LLC are the property of Metric Media, LLC. In no event shall any Metric Media, LLC Marks be deemed sold or assigned to you as a result of your acceptance of this TOS or by your use of Metric Media, LLC. Any and all rights not expressly granted herein are reserved.

Indemnity

You represent and warrant that you have full authority to enter into and accept this TOS and grant the rights and licenses herein. With respect to Content, you represent and warrant that no Content submitted or otherwise uploaded, posted, transmitted, or shared by you on or through Metric Media, LLC will violate or infringe the intellectual property rights of any third party. You shall defend, indemnify and hold Metric Media, LLC, its subsidiaries, affiliates, officers, agents, employees, partners and licensors (collectively, the “Metric Media, LLC Entities”) harmless against any and all third party claims, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or in connection with your breach of the warranties set forth herein.

Disclaimer of Warranties

Your use of Metric Media, LLC is solely at your own risk. Metric Media, LLC makes no representation, warranty, or guarantee of the suitability of the service or that the service shall be secure, uninterrupted, error-free, or shall function properly in combination with any third party technology, hardware, software, systems or data. Metric Media, LLC is provided on an "as is" and "as available" basis and all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, title, fitness for a particular purpose, or non-infringement are hereby disclaimed to the maximum extent permitted by applicable law. Metric Media, LLC may be subject to interruption, limitations, delays, and other problems inherent in the use of wireless applications and electronic communications and we are not responsible for any such delays, delivery failures, or any other damage resulting from events beyond Metric Media, LLC’s reasonable control. Further, Metric Media, LLC makes no representation, warranty, or guarantee in regards to any products, services, information or other material purchased, downloaded or otherwise obtained by you through the service from a third party. This includes any application, content, or link provided by a third party. You are solely responsible for any damage to your computer system (including without limitation, wireless devices) or loss of data that results from the download of any such material.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Metric Media, LLC be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of profits, business interruption, goodwill, data, breach of user security, termination of user access or other pecuniary loss) arising out of this TOS or the use of or inability to use the service, even if Metric Media, LLC has been advised of the possibility of such damages. Your exclusive remedy and Metric Media, LLC’s total aggregate liability relating to, arising out of, in connection with, or incidental to this TOS for any reason shall be limited to the actual direct damages incurred by you, up to one hundred U.S. dollars ($100.00). This limitation applies to all causes of action or claims in the aggregate for any reason including, without limitation, personal harm. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages; accordingly, some of the above limitations of sections may not apply to you.

Choice of Law; Arbitration

Illinois law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Metric Media, LLC (a "Claim"), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Cook County, Illinois.

General

This TOS and the Privacy Policy comprise the entire agreement between you and Metric Media, LLC and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications shall be in writing and sent via e-mail or US pre-paid post to the authorized representative of the other party. If any part of this TOS is found to be illegal, unenforceable, or invalid, then that part shall be removed and remaining provisions will continue to be valid and enforceable. No joint venture, partnership, employment, agency or exclusive relationship shall exist between you and Metric Media, LLC. Any failure to enforce any provision of this TOS shall not constitute a waiver of such rights. All disclaimers, limitations, and restrictions of warranty shall survive termination of this TOS, as well as the provisions of this "General" section.

Contacting Metric Media, LLC

If you have any questions regarding this TOS or Metric Media, LLC, please feel free to contact us at:

Metric Media, LLC
850 New Burton Road, Suite 201
Dover, DE 19904

This Terms of Service was last updated on October 22, 2019.