PHILLYVOICE.COM – WEBSITE TERMS OF USE
Thank you for visiting the PhillyVoice website at phillyvoice.com (the “Website”), a leading provider of news and other information of interest to the Philadelphia community and beyond. WWB Holdings, LLC (“WWB”) owns, operates and provides the Website. These terms and conditions (“Terms of Use”) govern your access to and use of the Website. The content, functionality, goods and/or services offered on or through the Website are governed by these Terms of Use. Throughout these Terms of Use, the terms “we,” “us” and “our” refer to WWB, and the terms “you” and “your” refer to any visitor to or user of the Website.
These Terms of Use are effective as of: 12/09/14.
ACCEPTANCE OF THESE TERMS OF USE: PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE YOU START USING THE WEBSITE. BY ACCESSING OR BROWSING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL, OR ANY, OF THE PROVISIONS IN THESE TERMS OF USE, PLEASE IMMEDIATELY EXIT, AND MAKE NO FURTHER USE OF, THE WEBSITE.
Access to and use of the Website, is subject to all applicable laws and regulations as well as these Terms of Use and the Website Privacy Policy (located at http://www.phillyvoice.com/terms-use/ & http://www.phillyvoice.com/privacy-policy/ ), both of which set forth the legally binding terms related to your access and use of the Website.
Subject to these Terms of Use, the Website: (i) provides original news article and/or summaries of and links to news articles, and other information, including opinions and commentary; (ii) allows users to post comments to various items available on the Website; (iii) provides information about employment opportunities with WWB; and (iv) provides advertisements and links to third party websites.
When you provide a comment on the Website, your comment will be entered through a commenting platform provided by Disqus, Inc. (“Disqus”), a third party commenting platform. You will need to register through Disqus to comment on an article through the Website and all comments and other content entered onto the Website are subject to these Terms of Use as well as the Disqus terms of use and privacy policy. You should familiarize yourself with the Disqus terms of use of privacy policy. The Disqus terms of use is found at: https://help.disqus.com/customer/portal/articles/466260-terms-of-service. The Disqus privacy policy is found at: https://help.disqus.com/customer/portal/articles/466259-privacy-policy.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE WEBSITE: You must be at least thirteen (13) years of age to provide any information on the Website. By using and/or providing any information on the Website, you certify that you are at least thirteen (13) years of age. We do not collect personally identifiable information from any person whom we actually know is under the age of thirteen (13).
Changes to the Website and/or Terms of Use
The information displayed on the Website changes frequently. Moreover, from time to time and without providing notice to you, we will make changes or improvements to the information, services, and/or features included on the Website. Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the Website and the revised Terms of Use will be effective immediately upon posting.
You are responsible for reviewing the most current version of the Terms of Use before using the Website to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the Website are reasonable.
Privacy Policy
When requesting certain information, products or services via the Website, you will be asked to provide certain personal and other information. You agree that all information you provide to us through the Website or otherwise, is governed by our Privacy Policy which is hereby incorporated in these Terms of Use. By using the Website, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Website.
Your Responsibility
You are responsible for abiding by these Terms of Use, including the terms of the User Commenting/Submissions Policy and Linking Policy, described herein. You represent that all of the information, data, and other materials you provide on the Website or to WWB through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Website or to WWB through any other means, as appropriate.
You must not use the Website: (a) to violate any local, state, national or international law; or (b) to interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
Except as permitted pursuant to these Terms of Use, including the terms of our Linking Policy, included herein, neither the Website, nor any portions thereof, may be used for any commercial purposes or otherwise, copied, reproduced, distributed, redistributed, republished, downloaded, modified, displayed, duplicated, sold, resold, exploited, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use the Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
WWB neither warrants nor represents that use of content displayed on the Website will not infringe rights of third parties not owned by or affiliated with WWB.
Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose except as described in these Terms of Use; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of the Website
Intellectual Property
Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of WWB or the material is included with the permission of the rights owner.
You acknowledge that WWB owns all right, title and interest in and to all of the information on the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
TRADEMARKS. PhillyVoice is a trademark of WWB. Certain of the other names, logos, and other materials displayed on the Website constitute trademarks, tradenames, service marks or logos (“Marks”) of WWB or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with WWB or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE. The content made available to you through the Website, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (a) copyrighted by WWB and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by WWB or its licensors. Except as permitted pursuant to these Terms of Use, including the terms of our Linking Policy, included herein, neither the Website, nor any portions thereof, may be used for any commercial purposes or otherwise, copied, reproduced, distributed, redistributed, republished, downloaded, modified, displayed, duplicated, sold, resold, exploited, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
Linking Policy
You may link to the homepage of the Website, and to news stories on the Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent or otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.
It is acceptable to link to news stories on the Website, including “deep links” to such stories. When linking to news stories on the Website, which may include “deep linking”, you are permitted to:
(1) include an excerpt from the story to which the link is connected provided that: (a) the excerpt contains a direct link to the story from which it is taken; (b) such excerpt is limited in scope so that it represents only a small percentage of the total word count of the story to which it is linked; (c) the use or display of such excerpt does not suggest that WWB promotes, is affiliated with, or endorses, any other entity or person or the causes, ideas, websites, products, or services of any other entity or person; and (d) such excerpt is not used in such a way that it changes or distorts the fundamental meaning of the story to which it is linked; and
(2) use an image from the Website provided that such image is marked as copyrighted by WWB provided that: (a) such image links to the exact page on the Website in which the original image is found; and (b) the image is not larger than 300 pixels wide. You may not use an image from the Website that is not copyrighted by WWB.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
The Website includes links to other sites and resources provided by third parties such as various social media sites (e.g. Facebook, Twitter, Pinterest, etc.) and sites operated by third party advertisers. We have no control over the accessibility or content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites. We may disable all or any social media features that may be included on the Website and any links at any time without notice at our discretion.
User Commenting/Submissions Policy
All third party postings, comments, messages, text, files, images, graphics, photos, audio clips, video or other materials posted on, transmitted through, or linked from the Website (the “User Content”), are the sole responsibility of the person from whom such User Content originated . You are entirely responsible for all User Content that you post, e-mail or otherwise make available through the Website. For all User Content provided by you, you agree to indemnify WWB as provided herein.
For all User Content, you grant WWB, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.
By uploading or otherwise posting any User Content, you represent and warrant that: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in these Terms of Use; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Use; and, (iii) the content will not cause injury to any person or entity.
With regard to your uploading, transmitting, distributing or otherwise publishing any User Content, you agree as follows:
WWB retains the right to remove User Content, including individual posts/comments, for any reason at any time or to revoke the commenting/submission privileges of anyone we believe has violated these Terms of Use.
Limitation of Liability and Disclaimer of Warranties
By using the Website, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Website and any of its content, including but not limited to whether you should rely on said content. Moreover, WWB cannot and does not monitor all of the User Content. Additionally, WWB does not control, and is not responsible for, User Content made available through the Website by users.
You also agree that under no circumstances will WWB or its affiliates be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed or otherwise made available via the Website. You acknowledge that WWB does not pre-screen or approve User Content, but that WWB shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason. WWB reserves the right to delete any User Content at any time, for any reason or no reason.
When using the Website, you will access information over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website. We do not assume any liability related to your use of any third party websites or services linked to through the Website or otherwise.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ACCESS TO THE WEBSITE, AND ITS CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WWB, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS SOLD THEREBY, AND THE SERVICES PROVIDED THEREON, OR WITH RESPECT TO ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. WWB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE WEBSITE, (ii) THE QUALITY AND SECURITY OF THE WEBSITE, OR (iii) THE INABILITY TO ACCESS THE WEBSITE OR ITS CONTENT, INCLUDING WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF WWB. ACCORDINGLY, WWB ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE, AND YOU (AND NOT WWB) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Limitation of Damages and Remedies
YOU AGREE THAT WWB SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE WEBSITE. YOU FURTHER AGREE THAT WWB SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE WEBSITE. IN NO EVENT WILL WWB BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF WWB, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WWB’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH THE WEBSITE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WWB BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR THE CONTENT. Any claims made by you in connection with your use of the Website, or its content, must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth herein are exclusive and are limited to those expressly provided for in these Terms of Use.
Termination
You agree that we, in our sole discretion, may terminate your use of, and/or access to, the Website, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.
Indemnity
You agree to indemnify, defend and hold harmless WWB, its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Website; (iii) your posting of User Content; and/or (iii) your unauthorized or unlawful use of the Website.
No Extraterritoriality
WWB makes no claims that the Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. WWB makes no representation that the Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal.
Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the Website may not be legal by certain persons in certain countries. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with WWB, including without limitation any claim involving WWB or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the federal or state courts located in Camden County, New Jersey, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with WWB, including without limitation any claim involving WWB or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, shall be governed by and construed in accordance with the laws of the State of New Jersey in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
Entire Understanding
These Terms of Use constitute the entire agreement between WWB and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between you and WWB, written or oral.
Assignment
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of WWB shall be void.
Headings
The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right herein on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid by any court having jurisdiction to make such a determination, such invalidity will not affect the validity of the remaining portions of these Terms of Use, which shall remain in full force and effect, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Survivability and Reservation of Rights
The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Indemnity; and Jurisdiction and Choice of Law.
WWB reserves all rights not expressly granted to you herein.
WWB Contact Information
If you have any questions regarding these Terms of Use or any other matter, please contact us at: Info@PhillyVoice.com.