End User Agreement Terms of Service
This service is offered free of charge to users. Your (“End User”) use of the Service is, however, conditioned upon completion and acceptance of the “End User Agreement” Terms of Service, as well as continued compliance with its provisions. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY INTERACTING WITH THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED THEREIN.
General
This site is operated in part by North ATL Life who owns and maintains the services (the “Service”) offered on this site. End User understands and agrees that the Service is provided to him/her exclusively under this End User Terms of Service. By completing the registration process, End User is stating that he/she has read and understands the End User Terms of Service, and that he/she agrees to be bound by them. North ATL Life may modify this End User agreement at any time, and may terminate End User’s use of the Service or otherwise revise any or all aspects of the Service in its sole discretion and without prior notice. End User’s continued use of the Service now, or following the posting of notice of any changes in this End User Agreement, will constitute a binding acceptance by End User of such rules, changes or modifications. End User represents that he/she is at least 13 years of age and, if acting on behalf of a group or organization, has the authority to do so. Any minor using the system shall do so only with the consent of a supervising parent or guardian who shall execute an End User Agreement on behalf of such minor. End User is responsible for all use of the Service under End User’s password. End User acknowledges that he/she is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). End User, or parent or guardian, as the case may be, agrees to supervise usage of the Service by minors, if any, whom End User permits to use the Service.
End User Responsibilities
End User is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto. End User acknowledges and agrees that he/she is solely responsible for maintaining the confidentiality of his/her account number and/or password. End User agrees that he/she is entirely responsible for all uses of his/her account, whether or not authorized by End User. End User agrees to notify North ATL Life immediately of any unauthorized use of his/her account. End User agrees to ensure that any content or information he/she provides will at all times be accurate, complete and not misleading. End User agrees not to place on this site any content that violates, plagiarizes or infringes upon the rights of others, including copyright, trademark, the right of privacy or the right of publicity, or that would be abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous, offensive, or otherwise illegal. End user agrees not to solicit the performance of any activity that is prohibited by law. End User agrees to comply with all applicable laws, rules and regulations in connection with this End User Agreement. End User agrees not use the Service in connection with surveys, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). End user agrees not to restrict or inhibit any other user from using and enjoying the Service. If End User uses this site from outside the United States of America, he/she is entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Service.
Content and Monitoring
North ATL Life has the right, but not the obligation, to monitor and review the content on the Service and End User’s account to determine compliance with the conditions of use and operating rules established by North ATL Life to satisfy any law, regulation or authorized government request, or for other reasonable purposes. If North ATL Life becomes aware of any use of the Service which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of End Users of the Service with law enforcement agencies. End User assumes all risk and liability with respect to use of the Service, including End User’s continued compliance with the End User Agreement. By using the Service, End User irrevocably grants North ATL Life and their assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) copy, display, distribute, publish, and create derivative works from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate in other works in any form, media or technology now known or later developed, solely in connection with fulfilling its obligations in this Agreement, and (ii) to use and disclose the Content in aggregated form, including, but not limited to, analysis and extrapolation of the Content and the demographic trends resulting therefrom for marketing and other geo-targeting purposes; provided, however, that such use shall not personally identify End User. Except as otherwise expressly noted on this site, End User is hereby authorized to use the contents solely for his/her noncommercial, personal use. Except as otherwise provided by copyright law, all other copying, redistribution, or publication must be with the expressed permission of owner of such material. Copying, redistribution, or publication of copyrighted material, or changes to or deletion of author attribution or copyright notice are prohibited. Downloaded software may not be reverse engineered unless specifically authorized by owner of the software. End User may download public domain content for its own use. End User assumes all risks regarding the determination of whether any content is in public domain.
Trademarks
Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of North ATL Life or other entities. End User is not authorized to use any such marks. Ownership of all such trademarks and other intellectual property remains with North ATL Life or those other entities. No permission is granted to hyperlink other Internet sites with any page in this site. End User agrees not to “frame” or “mirror” any of the contents or pages contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of North ATL Life as applicable. This authorization terminates automatically, without notice to the End User, if he/she breaches any of the Terms of Service.
Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT END USER’S SOLE RISK. NEITHER NORTH ATL LIFE NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PUBLISHER, NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER NORTH ATL LIFE NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES.
To the maximum extent permitted by applicable law, in no event will North ATL Life, or any person or entity involved in creating, producing or distributing the Service or the content included therein, be liable to End User or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Service. End User hereby acknowledges that the provisions of this section shall apply to all use of and content on the Service. End User acknowledges that the content on the Service, by its nature, may involve a level of risk, including, without limitation, personal injury, property damage or other dangers. In no event shall Rome News-Tribune (Times Journal, Inc.)’s total liability to End User for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by End User, if any, for accessing the Service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Service and content therein, under any legal theory or cause of action.
Indemnification
End User agrees to indemnify, defend and hold harmless North ATL Life, its affiliates, licensors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys’ fees) arising from End User’s use or any user of End User’s account of the Service or content therein, their violation of the Terms of Service, or their infringement, or infringement by any other user of their account, of any intellectual property or other right of any person or entity.