Last Updated: August 2, 2010
(A) Welcome to thePhilaNews.com. This site is provided by Philadelphia News Russian Newspaper, as a service to our customers, please review the following basic rules that govern your use of this site, (the “Agreement”). Please note that your use of this site (the “Site”) constitutes your unconditional Agreement to follow and be bound by the Terms and Conditions herein. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. The Company reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site. If you disagree with these Terms and Conditions then do not use the Site.
2. Legal Statement:
(A) This legal statement contains the Terms and Conditions governing this Site and all sites that affiliate with the Newspaper (including but not limited to “Best of Phila” links), which are linked to the Site (collectively, the “Sites”). By using any of these Sites, you expressly accept and agree to abide by all the Terms and Conditions contained in this Legal Statement. Do not use any Sites if you do not accept and agree to these Terms and Conditions. Unless otherwise referenced herein, any reference to the “Newspaper” shall include thePhilaNews.com and all of its affiliates.
(B)The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, and leaving a comment on the Site.
3. Community Guidelines for Website Use:
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(P) You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by thePhilaNews.com;
(Q) Any conduct that in thePhilaNews.com’s sole discretion restricts or inhibits anyone else from using or enjoying thePhilaNews.com will not be permitted. ThePhilaNews.com reserves the right in its sole discretion to remove or edit User Content by you. thePhilaNews.com is not responsible for User Content submitted to thePhilaNews.com or posted in comments sections, chat rooms, on bulletin boards or on other Community Areas by users of thePhilaNews.com.
(R) By submitting User Content to thePhilaNews.com, you automatically grant thePhilaNews.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant thePhilaNews.com the right to pursue at law any person or entity that violates your or thePhilaNews.com’s rights in the User Content by a breach of these Terms and Conditions.
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(C) NEITHER thePhilaNews.com, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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6. Third Party Content:
(A) thePhilanews.com is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of thePhilaNews.com, are those of the respective author(s) or distributor(s) and not of thePhilaNews.com. Neither thePhilaNews.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
(B) In many instances, the content available through thePhilaNews.com represents the opinions and judgments of the respective user or information provider not under contract with thePhilaNews.com. thePhilaNews.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on thePhilaNews.com by any third party. Under no circumstances will thePhilaNews.com be liable for any loss or damage caused by your use or reliance on information obtained through thePhilaNews.com. thePhilaNews.com is not responsible for any actions or inaction on your part based on the information that is presented on thePhilaNews.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through thePhilaNews.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
You agree to indemnify and hold thePhilaNews.com, its officers, directors, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your use of our Site, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation in Gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other Members or third parties at Gatherings).
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You acknowledge and agree that thePhilaNews.com may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce the Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of thePhilaNews.com, its employees, users and the public.
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10. Links to Other Sites:
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11. Advertisements and Promotions:
(A) thePhilaNews.com may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than thePhilaNews.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. thePhilaNews.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
(A) thePhilaNews.com may change, terminate, or suspend these Terms and Conditions at any time without notice to You. It is advised to read these Terms and Conditions, before using the Site in the case that any Terms or Conditions have been changed, terminated, or suspended.
(A) We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of the Site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the Site.
This website is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Philadelphia, Pennsylvania.
15. Entire Agreement:
(A) This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of thePhilaNews.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit thePhilaNews.com’s rights with respect to such breach or any subsequent breaches.