The Winchester Star (“Winchester Star”) offers this Web site, including all information, software, products and services available from the Web site or offered as part of or in conjunction with the Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Winchester Star reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to these Terms and Conditions made by Winchester Star. Accessing the Web site, in any manner, whether automated or otherwise, constitutes use of the Web site and your agreement to be bound by these Terms and Conditions.
Personal, Noncommercial and Nontransferable Use
You agree that your access to the Web site, certain portions of which you may have paid to access, is for your personal, noncommercial and nontransferable use. You are not allowed to reproduce, forward, barter, resell, assign or otherwise transfer in any way your personal access rights. As a condition to your continued use of the Web site, you warrant to Winchester Star that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions.
No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THE WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WINCHESTER STAR MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THE WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed by the Web site or available through links on the Web site. Neither Winchester Star nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available on the Web site. We are not responsible for the availability or content of other services that may be linked to the Web site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Web site, we do not guarantee or warrant that the Web site or materials that may be downloaded from the Web site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Web site and any materials available through the Web site, you do so solely at your own risk. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Winchester Star. Winchester Star reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WINCHESTER STAR OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO WINCHESTER STAR OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEB SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify and hold Winchester Star, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site, or any content, product or service offered through the Web site, or any content or information furnished by you to the Web site, in a manner that violates or is alleged to violate these Terms and Conditions. Winchester Star shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Featured Links and Advertisements
The Web site may contain hyperlinks to web sites offered by parties other than Winchester Star. Such hyperlinks are provided for your reference and convenience only. Winchester Star does not control such other web sites and is not responsible for the privacy practices or the content of such web sites; nor does Winchester Star’s inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with Winchester Star (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on the Web site, Winchester Star does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on the Web site.
Winchester Star does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to Winchester Star’s control. To ensure protection of your privacy, always review the privacy policy of the web sites you may visit by linking from the Web site.
Responsibility for Your User Name and Password
To use certain features on the Web site, you will need a user name and password, which you will receive through the Web site’s registration process. We reserve the right to reject or terminate the use of any user name that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any user name or account, or to deny access to the Web site or any features of the Web site, to anyone who violates these Terms and Conditions or who, in our sole judgment, interferes with the ability of others to enjoy the Web site or infringes on the rights of others. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We can not and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Payment Obligation and Credit Card Authorization
You agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. Paying users authorize Winchester Star’s payment processor(s) to charge the user’s credit card (or other approved facility) for the ongoing cost of access to certain portions of the Web site. Payment for the appropriate services will be made by automatic debit to the user’s credit card (or other approved facility). Paying users will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the user terminates his or her account online prior to the renewal date pursuant to the process set forth below. You may not assign or transfer your account to any other individual or entity. You must have reached the age of majority in your jurisdiction in order to register.
Payment must be made by a major credit card, checking account or phone charge accepted by Winchester Star’s payment processor(s). The billing period ends each term on the anniversary of your activation date. If Winchester Star does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Winchester Star. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT WINCHESTER STAR, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
WINCHESTER STAR RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY WINCHESTER STAR, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT WINCHESTER STAR. WINCHESTER STAR MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA E-MAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT, AS PROVIDED BELOW. YOUR CONTINUED USE OF YOUR ACCOUNT FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
You must promptly inform Winchester Star of any of the following: changes in the expiration date of any credit card used in connection with your account; changes in home or billing address; and apparent breaches of security, such as loss, theft or unauthorized disclosure or use of an account or password. Until Winchester Star is notified by e-mail of a breach in security, the user will remain liable for any unauthorized use of his or her account, and for any charges that accrued to his or her account.
Cancellation of Account
You may terminate your account by contacting Winchester Star at any time. When termination is requested, your credit card (or other approved facility) will not be automatically renewed and access will be terminated on the expiration date. Termination of your account shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle during which your account is terminated.
Software Available on Web Site
Any software that is made available to download from the Web site is the copyrighted work of Winchester Star and/or its suppliers. Your use of the software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such end user license agreement. For any software not accompanied by an end user license agreement, Winchester Star hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Winchester Star in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, upload, post, exploit, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the Web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Winchester Star. You may not create hyperlinks to the content on the Web site, distribute any part of the Web site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Under no circumstances may you “frame” the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Winchester Star or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:
The Winchester Star
Attn: Cynthia Burton
100 N. Loudoun St., Suite 110
Winchester, VA 22601
phone: (540) 667-3200
e-mail: cburton@winchesterstar.com
Trademarks
“The Winchester Star” is a trademark of Winchester Evening Star, Inc., and is protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
Winchester Star reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If Winchester Star receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, Winchester Star may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site. You acknowledge that any fees you may have paid to access certain portions of the Web site are not refundable, in whole or part, upon such termination.
Copyright Infringement
Winchester Star will not tolerate copyright infringement of any kind. Winchester Star does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending Winchester Star notice that includes all of the following information:
Direct such notice to Winchester Star’s designated agent for receiving copyright infringement notices:
Winchester Evening Star, Inc.
Thomas T. Byrd, President
2 N. Kent Street
Winchester, VA 22601
phone: (540) 667-3200
fax: (540) 667-6729
e-mail: newsapples@aol.com
Any personal information you provide in your notice will be used only for purposes related to your notice. Upon receipt of notice complying with the above requirements, Winchester Star will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.
If Winchester Star removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying Winchester Star’s designated agent in writing and including the following information:
Upon receipt of a notice meeting the above requirements, Winchester Star will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Winchester Star will replace or enable access to the removed material unless Winchester Star receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Winchester Star and/or the copyright owner or Web site user.
User Content
Winchester Star may allow you to upload, post, transmit or otherwise provide content to the Web site, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the Web site (“User Content”). You agree that you are solely responsible for any communications and any content provided through your account.
Rules Governing User Content. In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the Web site shall constitute a material breach of these Terms and Conditions:
Respect the Intellectual Property Rights of Others. You may not post or transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. Winchester Star shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by Winchester Star from time to time.
Winchester Star’s Right to Remove User Content. Winchester Star does not assume any responsibility for the consequences of any user-generated or contributed content on the Web site. If notified by a user of communications that are alleged not to conform to the rules set forth herein, Winchester Star may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. Winchester Star reserves the right to remove communications that fail to conform to these Terms and Conditions. In addition, Winchester Star reserves the right (but is not obligated) to delete any User Content posted on the Web site, regardless of whether such communications violate these Terms and Conditions.
Winchester Star’s Right to Use User Content. Winchester Star reserves the right to record, re-purpose or re-publish User Content on its Web site, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to Winchester Star and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Responsibility for User Content. You agree to defend, indemnify and hold harmless Winchester Star and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or contributed content or use by others of any User-generated or contributed content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
NOTE TO USERS. Winchester Star does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
Termination of Privileges
Winchester Star reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If Winchester Star receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, Winchester Star may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site. In the event that Winchester Star terminates your access to the Web site, you will continue to be bound by these Terms and Conditions as in effect as of the date of such termination.
General
These Terms and Conditions (including the privacy policy hereinafter set forth, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and Winchester Star with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Winchester Star reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by Winchester Star. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The Web site is controlled and operated by Winchester Star from its principal office in the Commonwealth of Virginia, United States of America. Winchester Star makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject Winchester Star to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.
PRIVACY POLICY
For each visitor to the Web site, Winchester Star’s servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for Web site traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.
Winchester Star may place a “cookie” on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web site. Winchester Star uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so Winchester Star can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
Winchester Star may, in the course of providing services through its Web site, ask you to disclose voluntarily certain information about yourself. This could include information that identifies you or your household. Any information in Winchester Star’s possession solely as a result of your use of the Web site and that is associated with you or your household is considered “Personal Information.” It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). “Personal Information” does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the Web site or otherwise publicly disclosed.
Like many other commercial sites, the Web site may utilize an electronic file called a web beacon to count users who have visited a page or recognize users by accessing certain cookies. The Web site and/or the web sites of advertisers and merchants with which we have a relationship may use web beacons (a) for auditing purposes and to collect information from the web sites of certain advertisers or merchants; and (b) to report anonymous individual and/or aggregate information about our users from such advertisers or merchants. Aggregate information may include demographic and usage information. No personally identifiable information about you is shared with such advertisers or merchants. You may choose to opt-out by contacting us in accordance with the information set forth at the bottom of this privacy policy.
Winchester Star uses Personal Information only for purposes necessary to provide the Web site and other products and services to you. These purposes are:
Except as necessary to process your requests or orders placed with advertisers or merchants featured on the Web site, Winchester Star does not rent, sell, barter or give away any lists containing Personal Information for use by any outside company. Winchester Star also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.
Links
The Web site contains links to other sites. Winchester Star is not responsible for the privacy practices or the content of such web sites, including any sites that may indicate a special relationship or partnership with Winchester Star (such as co-branded pages or “powered by” or “in cooperation with” relationships). Winchester Star does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to Winchester Star’s control. To ensure protection of your privacy, always review the privacy policy of the sites you may visit by linking from the Web site.
Opt Out Procedures
You may always opt out of receiving future mailings or other information from Winchester Star. If the mailing does not have an e-mail cancellation form, send us an e-mail detailing the type of information that you no longer desire to receive.
Children’s Privacy
The following additional terms, conditions and notices apply to use of the Web site by children under the age of 13 years whenever Winchester Star becomes aware that a user is in that age range:
General
These Terms and Conditions constitute the entire agreement and understanding between you and Winchester Star with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. Winchester Star reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by Winchester Star. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Web site is controlled and operated by Winchester Star from its principal office in the Commonwealth of Virginia, United States of America. Winchester Star makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject Winchester Star to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.
AP News Registry
This Web site uses services provided by AP News Registry. AP News Registry collects content usage information and may use cookies in conjunction with this activity. Your continued readership of the Site means you accept the privacy policy of the AP News Registry. Please refer to the AP News Registry privacy policy at http://www.apnewsregistry.com/privacycenter/servicepolicy.aspx for further information.
Privacy Policy