OnlineHeraldNews.com Terms of Service
1. Using OHN
a. Who can use OHN.
You may use our Products only if you can form a binding contract with OHN, and only in compliance with these Terms and all applicable laws. When you create your OHN account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
2. Your Content
a. Posting content.
OHN allows you to post content, including photos, text, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as “Submitted Materials.” You retain rights in, and are solely responsible for, the content you post to OHN.
b. Your responsibility for your content:
i. To OHN and our community. OHN provides a creative and positive place for you and other users to discover news and other content. To keep it that way, you must abide by our best practices and comply with our policies, including our Acceptable Use Policy. You are responsible for the content and accuracy of all news copy and other content entered into OHN. Because of the volume of information and copy submitted to OHN, OHN cannot be responsible for verifying facts contained in Submitted Materials. All Submitted Materials must follow OHN’s editorial guidelines which can be found on OHN’s web site and are subject to change at any time at OHN’s sole discretion.
ii. To third parties. OHN respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any Submitted Materials that you post to OHN does not and will not violate any law or infringe the rights of any third party.
c. Conditional acceptance of content.
OHN reserves the right (i) to reject or edit Submitted Materials without limitation; and (ii) to remove any Submitted Materials from its web site, pull any Submitted Materials from distribution or deny approval to any Submitted Materials. OHN can only remove Submitted Materials from its network, and OHN makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the OHN network.
d. Timely distribution of Submitted Materials by OHN
OHN endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by OHN will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of OHN in this regard. If Submitted Material is not distributed within 30 days of the earlier of the (i) date on which you enter such material or (ii) pay for the Service (even if you have not yet entered Submitted Material) for reasons other than a delay caused solely by OHN, then OHN’s service to you concerning such Submitted Material and/or payment shall be considered complete, and OHN shall have no further obligation to you regarding such Submitted Material or in relation to such payment.
d. Dissemination of Submitted Materials.
OHN does not warrant specific placement of any Submitted Materials nor pick up by third parties of any Submitted Materials on its wire, but will deliver Submitted Materials via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.
e. Limitations on use of OHN.
You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any OHN systems without the express written consent of OHN.
f. Acceptable content.
OHN endeavors to publish materials that are appropriate for all reader age groups. The determination of appropriateness shall be at the sole discretion of OHN. All forms of political speech and diversity of opinion are encouraged. Material of a sexual, hateful, or illegal nature will not be tolerated, as further explained in our Acceptable Use Policy. If you believe that any content published on OHN does not meet this standard, please email us at firstname.lastname@example.org
g. How OHN and other users can use your content. You grant OHN and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your Submitted Materials on OHN solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights OHN may have to user content, for example under other licenses. We reserve the right to remove or modify Submitted Materials for any reason, including Submitted Materials that we believe violates these Terms or our other policies.
h. How long we display your content. Normally, if you are a paying subscribed writer on OHN, OHN will display your published content for a minimum of 90 days from the date of publication, or until the deletion of your account, whichever comes first. However, for reasonable cause, such as alleged copyright infringement, or if we believe there may be factual inaccuracies in your content, we may remove your content at any time. Changing your membership level will not delete your account. Generally speaking, it is in the mutual interest of both OHN and our writers to continue to display good content. OHN has no current plan to systematically remove any content.
i. How long we keep your content:
Following termination or deactivation of your account, or if you remove any Submitted Materials from OHN, we may retain your Submitted Materials for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, OHN and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your Submitted Materials that other users have stored or shared through OHN.
j. Feedback you provide:
We value hearing from our users, and are always interested in learning about ways we can make OHN more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, OHN does not waive any rights to use similar or related Feedback previously known to OHN, or developed by its employees, or obtained from sources other than you.
3. Copyright Policy
OHN has adopted and implemented the OHN Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, OHN cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
5. Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by OHN. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from OHN, you do so at your own risk and you agree that OHN will have no liability arising from your use of or access to any third-party website, service, or content.
6. Termination or Suspension.
OHN may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies. Upon termination or suspension of your account, you will continue to be bound by these Terms.
You agree to indemnify and hold harmless OHN and its managers, officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
OHN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
OHN takes no responsibility and assumes no liability for any Submitted Materials that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to Submitted Materials that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OHN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OHN’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO OHN FOR THE PAST TWO MONTHS FOR THE PRODUCTS.
For any dispute you have with OHN, you agree to first contact us and attempt to resolve the dispute with us informally. If OHN has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and OHN agree otherwise, the arbitration will be conducted in the Clark County, Nevada. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that OHN will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OHN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Nevada, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Clark County, Nevada or the United States District Court for Nevada, for any actions not subject to Section 10 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
12. General Terms
Notification Procedures and changes to these Terms. OHN reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OHN without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OHN’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Government Agencies. If you are a government agency, these Terms apply to your use.