TERMS AND CONDITIONS OF USELAST UPDATED: November 5, 2009
1. ACCEPTANCE OF TERMS
These Terms and Conditions of Use (Terms) govern the use of all services and features on legalnews.com (the Web Site) unless otherwise specified. Your use of the Web Site constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, please do not use the Web Site. These Terms may be changed at any time and your continued use of the Web Site following the posting of changes to these Terms will mean you accept those changes.
3. USAGE BY CHILDREN UNDER 13
The Web Site is directed to adults and is not directed to children under the age of 13. DLNP cannot prevent children under 13 from visiting the Web Site. DLNP must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view. DLNP complies with the Childrens Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13.
4. RESTRICTIONS ON USE
Unless otherwise noted, all content, including, but not limited to, text, data, software, music, sound, photographs, video, graphics or other material that are part of the Web Site, in sponsor advertisements or in other information presented to you (collectively, the Content) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws that are owned, controlled or licensed by DLNP, or the party credited as the provider of the Content. You may use the Content in the regular course of your business, research and other related work, such as your review of the Content or the incorporation of portions of the Content in your own work product. You must keep intact all copyright and other proprietary notices. You may not copy, distribute, display, perform, reproduce, republish, create derivative works from, transfer, or sell all or any portion of the Content, except to the extent permitted above. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Web Site or the Content without prior written permission of DLNP.
5. LINKING TO THE WEB SITE
You may provide links only to the homepage of the Web Site, provided you (a) do not remove or obscure, by framing or otherwise, any portion of the homepage, including advertisements, links to these Terms, any copyright notices, or other notices on the Web Site, (b) give DLNP notice of such link by sending an e-mail to email@example.com, and (c) agree to discontinue providing links to the Web Site if requested by DLNP.
6. USER POSTED CONTENT
User Posted Content means any text, data, software, music, sound, photographs, videos and/or other materials that you upload, post or otherwise publish to the Web Site. By submitting any content to the Web Site, you grant (or warrant that the owner of such rights has expressly granted) to DLNP a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from, distribute, perform and display such content (in whole or part) and/or to incorporate such content into other works in any form, medium or technology now known or later developed, throughout the world. You shall not upload, post or otherwise publish to the Web Site any content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationship, including but not limited to, proprietary or confidential information or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You shall not upload, post or otherwise publish to the Web Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. DLNP does not prescreen content posted to the Web Site, but it shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is posted to the Web Site. You shall remain solely responsible for the content you upload, post or otherwise publish to the Web Site.
7. MEMBER ACCOUNT
Certain sections of the Web Site require you to register. If registration is requested, you agree to provide DLNP with accurate and complete registration information. It is your responsibility to inform DLNP of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. DLNP does not permit (a) anyone other than you to use the sections requiring registration by using your username or password; or (b) access through a single username being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify DLNP immediately by sending an e-mail to firstname.lastname@example.org.
8. NOTICE SPECIFIC TO DATABASE SEARCHING
Records and/or notices made available through database(s) accessible on the Web Site are not official records and/or notices. The records and/or notices have not been independently verified or confirmed, and are subject to change without notice. DLNP does not assume any responsibility for the accuracy of information in the records and/or notices even if such information was accurately provided to DLNP. Assessing the accuracy and reliability of information contained in the database(s) is your responsibility. Only records and/or notices provided to and published by DLNP are searchable using the database(s).
9. MODIFICATIONS TO SERVICE
DLNP reserves the right to modify or augment, suspend, discontinue (temporarily or permanently) any and all services offered through or in association with the Web Site. You agree that DLNP will not be held liable to you or any third party for any modification, suspension or discontinuance of the Web Site or its services.
The Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. DLNP will not be responsible for the illegality of or any error or inaccuracy in advertisers or sponsors materials or for the acts or omissions of advertisers and sponsors.
11. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES
Third party content may appear on the Web Site or may be accessible via links from the Web Site. DLNP shall not be responsible for and assumes no liability for any infringement of intellectual property, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it necessarily reflect the belief of DLNP.
You agree that DLNP, in its sole discretion, may terminate or restrict your use or access to the Web Site for any reason, including, without limitation, that DLNP believes you have violated or acted inconsistently with the letter or spirit of these Terms. The provisions of Disclaimer, Limitation of Liability, and Indemnification shall survive such termination.
THE CONTENT IN THE WEB SITE IS PROVIDED ON AN ?AS IS, AS AVAILABLE? BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DLNP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DLNP DOES NOT WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DLNP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DLNP) ASSUME THE ENTIRE COST FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR ANY LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DLNP BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF DLNP OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DLNPS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
You agree to indemnify, defend and hold harmless DLNP, its subsidiaries, affiliates, agents, partners, employees, licensors, licensees, suppliers and any third party information providers to the Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys? fees, resulting from any violation by you of these Terms or use of the Web Site.
16. NOT LEGAL ADVICE
The Content contained on the Web Site has been prepared by DLNP as a service to its readers and the Internet community and is not intended to constitute legal advice.
17. USE OF INFORMATION
Detroit Legal News Publishing, LLC is not a consumer reporting agency and none of its services or the data contained therein constitute a "consumer report" as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec. 1681 et seq. The data provided to you may not be used as a factor in consumer debt collection decisioning, establishing a consumer's eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose authorized under the FCRA or in relation to taking an adverse action relating to a consumer application.
a. Entire Agreement
These Terms set forth the entire understanding between you and DLNP and supersedes prior agreements, communications, and representations between you and DLNP regarding the subject matter contained herein.
b. Applicable Laws
These Terms are governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to these Terms shall be resolved in a state or federal court located in Michigan and you agree to submit to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
The waiver by DLNP of a breach of any provision of these Terms shall not be deemed a waiver of any subsequent breach. If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
The headings contained herein have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein.
e. Copyright Notice
All material contained within the Web Site is protected by copyright law except where explicitly noted otherwise. Copyright 2009 Detroit Legal News Publishing, LLC. All rights reserved.
f. Reservation of Rights
All rights not expressly granted herein are reserved.
g. Claim of Copyright Infringement
Notification: If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide DLNPs Copyright Agent with the following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the Web Site are covered by a single notification, a representative list of such works.
iii. Identification of the material on the Web Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DLNP to locate the material.
iv. Information reasonably sufficient to permit DLNP to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f)(1) of the Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from the Web Site or disabled after DLNP received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending DLNP a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
i. Your physical or electronic signature.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which DLNP may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f)(2) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability. Written communications concerning copyright infringement or counter-notifications should be sent to DLNP?s Copyright Agent by:
h. Contact Information
By e-mail: email@example.com
Detroit Legal News Publishing, LLC
1409 Allen Road, Suite B
Troy, Michigan 48083
By fax: 248-fax-number with the Subject: Copyright Notification