Terms of Service

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ACCEPTANCE OF TERMS

Welcome to DailyHerald.com. Paddock Publications, Inc. ("Paddock Publications") offers and provides the web pages available at DailyHerald.com to the general public pursuant to these Terms of Service. By using DailyHerald.com and/or the Service, and by registering for the Service, you agree to be bound by these Terms of Service. These Terms of Service may be modified by Paddock Publications at any time without notice by posting revised terms on this Terms of Service page or any successor on DailyHerald.com and your continued use of DailyHerald.com and/or the Service, you agree to be bound by such changes. If you do not agree to these Terms of Service as in effect from time to time, you should not use the DailyHerald.com Web site.

DESCRIPTION OF SERVICE

Paddock Publications provides the registered users of DailyHerald.com the ability to comment on information, including, but not limited to, text, photographs, graphics, video and audio content (the "Service"). You must be a registered user to comment. Please sign up here for access. You must be 13 or over to register to sign up.

USER CONTENT AND POSTINGS

You retain sole ownership of any comments, images, audio, video, suggestions or other communications or content you upload, transmit or otherwise submit through the Service ("User Content"). However, by contributing, you grant Paddock Publications and its designees an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, distribute, reproduce and create derivative works based upon such User Content. By submitting User Content, you are warranting that you are the sole author or that you have obtained all necessary permissions associated with copyrights, trademarks, rights of publicity and/or rights of privacy to submit such User Content and grant the foregoing rights.

User Content submitted to the Service is generally posted immediately and automatically. Given the nature of the Service, Paddock Publications and its designees do not actively monitor and review all User Content posted or transmitted by users. As such, you are liable for the opinions you express and the accuracy of the information you provide in the Service area. However, Paddock Publications reserves the right to remove any User Content it deems inappropriate, as well as suspend or ban the account under which its was transmitted.

PRIVACY

While Paddock Publications, the Daily Herald and its designees will protect your personal information according to our privacy policy, you understand that through your use of the Service you are not anonymous and the User Content you submit is not private. Paddock Publications reserves the right to share information with law enforcement officials or third parties in limited circumstances, including, but not limited to, when complying with legal action, preventing fraud or imminent harm.

DAILY HERALD CONTENT - COPYRIGHT AND PERMISSIONS RULES

All materials appearing on DailyHerald.com and the Service other than User Content ("Daily Herald Content") are protected by copyright under U.S. copyright and other laws and are the property of Paddock Publications or the party credited as the provider of the content.

Except with prior written authorization from Paddock Publications, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of this content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database.

However you may download Daily Herald Content from DailyHerald.com for your own personal, noncommercial use but only if you make only one machine readable copy and/or one print copy. You may not alter or remove any copyright or other notice from copies of the content. Copying or storing any content except as provided above is expressly prohibited without prior written permission of the copyright holder identified in the individual content's copyright notice.

To request permission to reprint articles and/or photographs, please complete and submit the Copyright Permission Request Form. Alternately, you may print out the completed form and fax it to (847) 427-1301. We will respond via fax, e-mail or telephone within five business days.

For information on obtaining photographs for personal use and not distribution, please contact Daily Herald Photo Archives or call (847) 427-4759.

Reprint permission approval involves a fee, which is payable before reprint rights are granted. Fees are based on how the item will be distributed and the number of copies you are reprinting, therefore it is important to provide all information requested on the release form. You will be provided with a copyright license and a copyright credit line. The credit line must be included on the reprinted article. If you require an electronic copy of the article or photograph it will be provided, however if you will be requesting a .pdf file of the article it can be provided for an additional fee.

Permission to reprint material is granted subject to use in full and is granted for one time distribution. Requests to use an article or photograph for a paid advertisement in a newspaper will not be approved.

Associated Press Copyright Statement
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

INTELLECTUAL PROPERTY INFRINGEMENT NOTICE PROCEDURES

If you believe that your rights in any copyright or other intellectual property right are being infringed by any materials posted on or transmitted through this website, please provide Paddock Publications' Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
  2. A description of the copyrighted work or other intellectual property right that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner (or intellectual property right owner, as applicable), its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright or other intellectual property right or authorized to act on the behalf of the owner of the copyright or intellectual property right.

The foregoing information should be provided to Paddock Publications' agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail:
Copyright Services
Paddock Publications, Inc.
155 E. Algonquin Road
Arlington Heights, IL 60005

USER CONDUCT

While this is a free exchange, Paddock Publications and its designees reserve the right to end or suspend your use of the Service for any transmission of User Content or any other actions which Paddock determines, in its sole judgment, to be offensive, illegal, or might violate the rights, harm, or threaten the safety of others or otherwise violate these Terms of Service. The following is a partial list of the kind of User Content that is prohibited from transmission through the Service:

  • Material which is profane, obscene or pornographic.
  • Material which is abusive, discriminatory or hateful on account of race, national origin, religion, age, gender, disability or sexual orientation.
  • Threats, personal attacks, harassment or advocating the harassment of another person.
  • Solicitations or advertisements.
  • Potentially libelous statements or material.
  • Impersonating any person or entity or falsely misrepresenting your affiliation with any other person or entity.
  • Behavior invasive of another person's or entity's privacy.
  • Promoting or providing information that you know to be false or misleading.
  • Promoting or providing instructional information about illegal activities.
  • Infringing any patent, copyright, trademark, service mark, trade secret or other proprietary right of any other party.
  • Comments unrelated to the discussion or material in the Service area.
  • Taking any action which disrupts the operation of the Service.

If you discover this kind of material on the Service, please notify us immediately at commentabuse@dailyherald.com.

DISCLAIMERS AND INDEMNIFICATION

DAILYHERALD.COM AND THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. Paddock Publications does not guarantee continuous, uninterrupted or secure access to DailyHerald.com or any portion of the Service, and operation of DailyHerald.com and/or the Service may be interfered with by numerous factors outside of our control. While Paddock Publications intends to make every effort to ensure the accuracy of the information created and published by Paddock Publications on DailyHerald.com, it can not guaranty the complete accuracy of all information contained on DailyHerald.com. In addition, Paddock Publications does not necessarily support and has not necessarily verified any material displayed in the Service area and takes no responsibility for the content or opinions posted or otherwise expressed by users through the Service. If you rely on any materials available through DailyHerald.com (including the contributions in the Service area), you do so solely at your own risk and Paddock Publications is not liable for any damages or harm attributable to such use or reliance. If you are dissatisfied with any portion of DailyHerald.com or the Service, your sole and exclusive remedy is to discontinue using DailyHerald.com and the Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PADDOCK PUBLICATIONS NOR ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS SHALL BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE DAILYHERALD.COM AND/OR THE SERVICE OR ANY OTHER MATTER RELATING TO DAILYHERALD.COM AND/OR THE SERVICE.

You agree to indemnify and hold harmless Paddock Publications and its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this paragraph. In such event, you shall provide us with such cooperation as is reasonably requested by us.

MISCELLANEOUS

These Terms of Service constitute the entire agreement between you and Paddock Publications and govern your use of DailyHerald.com and the Service. These Terms of Service and the relationship between you and Paddock Publications are governed by the laws of the State of Illinois, without regard to its conflict of law provisions.

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