TERMS AND CONDITIONS OF USE


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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The Daily Pennsylvanian, Inc. (“DP”) offers the www.thedp.com website, as well as any other websites linking to this page, (hereinafter collectively referred to as the “Websites”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Website. By using the Website, you signify your assent to these Terms and Conditions of Use (“Terms of Use”) and any subsequent modifications.

These Terms of Use May Change

As a result of changes to the Websites (or changes in the law), DP may need to update or revise these Terms of Use. Accordingly, DP reserves the right to update or modify these Terms of Use at any time, without prior notice, by posting any such revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Website. Your continued use of the Websites after DP has posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by visiting this URL: http://www.thedp.com/terms.

DP Privacy Policy

DP’s Online Privacy Policy describes the information DP collect when you and others use this Website, as well as how DP uses the personal information you share with it and some of the steps DP takes to protect your privacy. The Online Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to DP’s use of your personal information in accordance with its Privacy Policy.

Personal and Noncommercial Use

The Websites are for your personal and noncommercial use. As a condition to your continued use of the Websites, you warrant to DP that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use. In addition you agree that, when using or accessing any part of or service provided by the Websites, you will not:

• Access or use the Websites other than for your personal, non-commercial use. For example, you may not transmit or post to the Websites material containing any solicitation of funds, advertising or solicitation for goods or services, except as expressly provided by the Websites.
• Violate any applicable law or regulation.
• Interfere with or damage the operation of the Websites or introduce to the Websites or its users any type of harmful code or computer virus.
• Infringe the legal rights of anyone, including but not limited to any intellectual property rights, privacy rights, or publicity rights.
• Reproduce, distribute or make derivative works of the Websites or any of their contents without the express written consent of DP.
• Transmit or post harmful, threatening, abusive, harassing, defamatory, false, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, racist, sexist or otherwise objectionable content or material.
• Use content or information available on the Websites for any improper purpose.

Contributing to the Websites

The Websites include various areas (“Interactive Areas”) where people can post content to the Websites. These include (but are not limited to) comments on articles and blogs.

You agree to adhere to the following rules when posting or distributing content of any type, including information, data, text, messages, graphics, photographs, video, audio, or other files or materials, or links to third party sites (“Content”) in any of the Interactive Areas. You agree not to use the Websites to upload, post, transmit or otherwise make available any Content that DP deems, in its sole discretion, to be:

1. False, defamatory, misleading, fraudulent, abusive, threatening, racially offensive, sexually explicit, obscene, harmful, vulgar, hateful, illegal, or otherwise objectionable;
2. Harassing of any other contributors to the Websites or other third parties;
3. Personally attacking against an individual whose identity can be easily learned from what you post (An example of a personal attack is posting negative comments about an individual in a way meant to demean that person. Note that posting your opinion about someone’s ideas or actions is not a personal attack.);
4. Revealing of private or personal matters concerning any person;
5. Content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
6. Profanity;
7. Advertisements or other Content focused on the promotion of commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain (except the classifieds);
8. Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
9. Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
10. Content directly or indirectly soliciting responses from minors (defined as anyone under 18 years of age).

You represent and warrant that the Content, including information, pictures, music and other files, that you post are your own, are licensed to be posted, uploaded and downloaded by the owner, are in the public domain, or are otherwise free of copyright or other restrictions. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available on the Websites, and, by posting the Content on the Websites, you represent and warrant that you have received such permission.
You are solely responsible for Content you upload, post, transmit or otherwise make available to others using this Websites. Under no circumstances will DP be liable in any way for any Content posted on or made available through the Websites by you or any third party.
You understand that DP does not generally pre-screen Content posted on or available through the Websites, and that it has no obligation to do so. DP and its designees have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through the Websites. Without limiting the foregoing, DP and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise deemed objectionable by DP in its sole and unfettered discretion.

Ownership of Content Posted by Individuals

If the Content you post to the Websites is your original work, then you own the copyright in your work. DP does not claim any copyrights in original works created and posted by individual visitors to the Websites. However, by uploading, posting, transmitting or otherwise making any Content available on or through the Websites, you are granting DP an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such Content in any medium or form, both on the Websites and in any other publication on the internet or in any other medium, in any location, without any obligation of notice, attribution or compensation to you.

Ownership of Feedback

DP welcomes your comments and feedback regarding the Websites. All comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Websites or the business of DP (collectively, “Feedback”) submitted to DP, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but DP reserves the right to treat any such Feedback as the confidential information of DP. By submitting Feedback to DP, you assign to DP, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. DP will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you.

Ownership and Use of Websites Content

DP retains full copyright ownership, rights and protection in all material contained on the Websites other than Content contributed by individuals to the Interactive Areas and advertising created by third-party advertisers. The images and materials found in the Websites are copyrighted or otherwise proprietary and may be downloaded or reprinted for personal use only, provided that you maintain all copyright and other notices contained therein. Permission to reprint or electronically reproduce any document, photograph or graphic in whole or in part for redistribution is expressly prohibited, unless prior written consent is obtained from DP.

Agent to Receive Notification of Claimed Infringement

DP does not knowingly publish (or permit individuals to publish) copyrighted materials without permission. If you believe that any materials published on the Websites have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify DP’s Copyright Agent of any alleged infringement. Your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information:
• a description of the infringing material;
• a description of the copyrighted work(s) that you believe has been infringed;
• the name of the owner of the copyright;
• your name;
• your address, telephone number and/or email address;
• a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
• a statement that all of the information you have provided is true; and
• a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.

Your statement must be sent to DP by U.S. mail, fax, or e-mail, addressed as follows:
The Daily Pennsylvanian, Inc.

Attn: DMCA Copyright Agent

4015 Walnut Street

Philadelphia, PA 19104

Fax: (215) 898-2050

E-mail: CopyrightAgent@dailypennsylvanian.com

Registration Information and Password

You may register on the Websites by creating a user profile, including a unique user name and password. You agree that you will (a) provide accurate, current and complete information about yourself when you register for the Websites, and (b) promptly update such information to keep it accurate, current and complete. You may not share your username and password with any other person or authorize any other person to use your username and password. You are fully responsible for all activities that occur under your username and password. You agree to notify DP immediately of any known or suspected unauthorized use of your username and password or any other breach of security. DP will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.

Disclaimer of Warranties and Limitation of Liability

You acknowledge that, in connection with the Websites, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control of DP. Accordingly, DP 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 Websites.

DP does not monitor all Content posted by individuals on the Websites. DP does not guarantee or control, and is not responsible for, the accuracy, correctness, suitability, completeness, integrity, or currency of any information posted on or made available through the Websites by an author other than DP.

TO THE FULLEST EXTENT PERMITTED BY LAW, DP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THIS WEBSITE, AND ANY RELIANCE THEREON, IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLEBASIS.

UNDER NO CIRCUMSTANCES, WILL DP, ITS SPONSORS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS WEBSITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH OR IN CONNECTION WITH THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF DP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DP, ITS SPONSORS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “DP PARTIES”), UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold the DP Parties harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising out of or relating to your use of the Websites in a manner that violates or is alleged to violate these Terms of Use. DP shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Links/Advertisements

The Websites may link to other sites operated by third parties (“Third Party Sites”). The inclusion of any link to such sites does not imply endorsement by DP of such Third Party Sites, but is for your reference and convenience only. DP has not reviewed all Third Party Sites linked to the Websites and is not responsible for the content, products or services featured thereon, and makes no representations as to the accuracy or reliability thereof. Linking to any Third Party Sites is at your own risk and subject to the Terms of Use and Privacy Policy of such sites.

The Websites also contain advertisements by third parties. Unless otherwise specifically stated on the Websites, DP does not endorse or make any representation regarding the quality or accuracy of any products or services featured in, or linked to any advertisement that appears on the Websites.

Creating Links to the Websites

Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to the content on the Websites, provided that the hyperlink accurately describes the content as it appears on the Websites. DP reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Websites or any of their content or copy portions of the Websites to a server, except as part of an Internet service provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the Websites in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Websites.

RSS Service

RSS (really simple syndication) service is a means by which DP provides feeds of story headlines in XML format (“RSS Content”) to the Websites’ visitors who use RSS aggregators. Should you elect to receive DP’s RSS service, you understand that, in addition to the other terms and conditions set forth above and below, the following conditions also apply and you also agree to be bound by them.

DP’s RSS service is provided to you for free for non-commercial use only and any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, is forbidden. In addition, you must use the RSS feeds as provided by DP and you may not edit, modify or otherwise alter the text, content or links supplied to you. You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the RSS Content.

DP’s RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Websites. You may not display the RSS Content in any manner that does not permit successful linking to, redirection to or delivery of the applicable DP Website page. In addition, you may not insert any intermediate page, splash page or other content between the RSS link and the applicable DP Website page.

DP retains all copyright ownership and other legal rights in the RSS Content, as well as all ownership and other rights in any logos, trade or service marks used in connection with DP’s RSS service. You must provide attribution to the Websites in connection with your use of the RSS feeds.

In its sole and unfettered discretion, DP reserves the right to discontinue or refuse to provide RSS feeds to you at any time and to require you to cease displaying, distributing or otherwise using any or all of its RSS feeds for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which DP believes appropriate.

DP assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its RSS feeds. The RSS Content, as with the rest of the content of the Websites and the services available via the Websites, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the Disclaimer of Warranty/Limitation of Liability set forth above with respect to your use of DP’s RSS service, as with your use of the rest of the Websites and any other service available through them.

Termination

You agree that DP may terminate your use of the Websites at any time, with or without cause. You agree that DP will not be liable to you or any third party as a result of such termination. The provisions entitled “Disclaimer of Warranties and Limitation of Liability,” “Indemnification,” “Contributing to the Websites,” “Ownership of Content Posted by Individuals,” “Ownership of Feedback,” “Ownership and Use of Websites Content,” “Transactions,” “Real-world Meetings,” “Registration Information and Password,” and “General Provisions” will survive termination of your Websites access or these Terms of Use.

Age Limitations

If you are under the age of 18, you must obtain the permission of your parent or legal guardian prior to browsing, contributing to, or otherwise using the Websites. The Websites are not intended for persons under 13 years of age. DP does not knowingly solicit or collect personal information from or about children, and DP does not knowingly market products or services to children.

Transactions

The Websites act as a venue to allow any authorized Website users to offer, sell, and buy items from one other. It is the SOLE RESPONSIBILITY of buyers and sellers to complete transactions. DP has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. DP cannot ensure that a buyer or seller will actually complete a transaction, and DP does not transfer legal ownership of items. You must comply with all applicable laws with regard to any classified ads you may place on the Websites or any products or services offered therein.

Real-world Meetings

DP understands that it is possible for individuals to use the Websites to exchange information and to meet each other in the real world. You are advised that DP cannot vouch for the safety of offline meetings of individuals you meet through the Websites, and such meetings are held at your sole risk. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses, URLs or email addresses. If you do provide this information to a third party who you met through the Websites, it is at your risk and the DP Parties will have no liability for anything that results from such meetings.

Right to Modify or Discontinue Websites and Content

DP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice. You agree that DP will not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or any Content thereon.

Notice

DP may deliver notice to you under these Terms of Use by means of electronic mail or a general notice on the Websites. You may contact DP any time via electronic mail to webmaster@dailypennsylvanian.com or by letter delivered by first-class, postage prepaid U.S. mail or overnight courier to the following address:

The Daily Pennsylvanian, Inc.

4015 Walnut Street

Philadelphia, PA 19104

Phone: (215) 898-6581

General Provisions

These Terms of Use are governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Waivers to these Terms of Use must be in writing and signed on behalf of DP. The failure of DP to enforce any provision of these Terms of Use will not constitute a waiver of such provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. These Terms of Use and the DP Privacy Policy together constitute the entire agreement between you and DP regarding your use of the Websites, superseding any prior understandings or agreements. These Terms of Use may be amended or modified only as set forth above.

Effective: February 23, 2009.