- Acceptance of Terms
- Access to Sites and Description of Service
- Use of Sites by All Users
- Use by Digital Subscribers and Third Party Login Users
- Paddock Publications Subscriptions
- Additional Terms Applicable to All Users
ACCEPTANCE OF TERMS
Paddock Publications, Inc. (“Paddock Publications”) provides the web pages available at dailyherald.com and its affiliated websites (the “Sites”) to the general public and to its subscribers pursuant to these Terms of Service. By using the Sites and/or the Service (described below), and/or 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 by your continued use of the Sites 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 Sites.
ACCESS TO SITES AND DESCRIPTION OF SERVICE
Paddock Publications may make content or areas of the Sites available to both the general public and to subscribers. Paddock Publications may elect in its sole discretion to limit access to some or all of portions of the Sites to subscribers. By way of example, Paddock Publications may allow members of the general public to access portions of the Sites for a limited number of times during a specified period before being required to log in as a subscriber to continue to have access to content on the Sites.
Paddock Publications may make available other functionality of the Sites (the “Service”), which may include the ability to post comments and otherwise share information and content (including, but not limited to, text, photographs, graphics, video and audio content), access to portions of the Sites not available to the general public, and the ability to otherwise interact with the Sites online. Paddock Publications may elect in its sole discretion to restrict some or all of the Service to subscribers, to make some or all of the Service available on a trial basis, or to otherwise limit access to the Service to categories of users or subscribers as Paddock Publications determines appropriate in its sole discretion. Without limitation, Paddock Publications may in its sole discretion restrict access to some or all of the Service to users who are logged into a third party social media service or application selected by Paddock Publications in its sole discretion (such as, by way of example only, limiting the comment function to users who are logged into the Facebook social media application).
USE OF SITES BY ALL USERS
PADDOCK PUBLICATIONS CONTENT
All materials and content appearing on the Sites and otherwise available through the Service 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. All such content made available through the Sites or Service, excluding User Content, is hereinafter referred to as the “Paddock Publications 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 Paddock Publications Content, nor may you distribute any part of the Paddock Publications 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 Paddock Publications Content from the Sites 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 Paddock Publications Content. Copying or storing any Paddock Publications 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. Paddock Publications will endeavor to 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 (“AP”) 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.
THIRD PARTY FUNCTIONALITY
USE BY DIGITAL SUBSCRIBERS AND THIRD PARTY LOGIN USERS
Access to some or all of the Service may be restricted to digital subscribers who complete the registration process. When you sign up as a digital subscriber and register your account, you will select a user name and a password so that you can access your account at the Site. You agree that you will keep this information confidential. When you register, you agree to (a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and (b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. You are responsible for maintaining the secrecy and confidentiality of your password and you are solely responsible for activities regarding your account and password (including activities by third parties using your user name and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify Paddock Publications and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, Paddock Publications may suspend or terminate your account, which will prevent your use of those portions of the Sites which require you to be logged in to your account. You understand that Paddock Publications is not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
While Paddock Publications may provide access to the Sites to all without restriction, subscriptions are only available to persons aged 13 and older. Under no circumstances may persons under the age of 13 complete the registration process, and Paddock Publications explicitly does not solicit or accept personally identifying information from persons under the age of 13.
THIRD PARTY LOGIN USERS
Paddock Publications may in its sole discretion make available some or all of the Service functionality to users who are logged into a third party social media service or other third party application selected by Paddock Publications in its sole discretion (“Third Party Login Users”). By way of example only, Paddock Publications may elect to allow users who are who are logged into the Facebook social media application to use the “Leave a Comment” functionality of the Service.
By posting a comment through the Service, Third Party Login Users are agreeing to these Terms of Service. Third Party Login Users may also be subject to any terms and conditions set forth in any agreement between themselves and the provider of the third party social media service or other third party application. Paddock Publications is not a party to or bound by the terms and conditions set forth in any agreement between any Third Party Login User and any third party provider, which governs the relationship between the owner of the third party application and the user.
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 in its sole discretion, as well as suspend or ban the account under which it was transmitted.
Paddock Publications and its designees reserve the right to end or suspend your use of the Service (including your access to all or a portion of the Sites) for any transmission of User Content or any other actions which Paddock Publications 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 person.
- 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 firstname.lastname@example.org or by using such comment reporting functionality as may be incorporated into the Service.
PADDOCK PUBLICATIONS SUBSCRIPTIONS
The Sites contain functionality that allows you to purchase a digital subscription to the Service and to purchase a print subscription to the Daily Herald or other publications offered by Paddock Publications. It may also from time to time contain functionality that allows you to purchase other products. These Terms and Conditions are applicable to such purchases.
In order to purchase a digital subscription to the Service, to purchase a print subscription to the Daily Herald or other publication or to purchase other products made available through the Service, please complete the applicable order submission available on the Sites (including a valid e-mail address) and submit your payment information. Your offer to subscribe or purchase is not valid until Paddock Publications has successfully validated this information.
When you use the Service to purchase subscriptions or other products, you must provide Paddock Publications with complete and accurate payment information including your PayPal, debit or credit card number and expiration date, or other acceptable payment information set forth in the Service, as well as a valid e-mail address and any other required information. If Paddock Publications does not receive authorization for your method of payment, or if any authorization is subsequently canceled, Paddock Publications may immediately suspend or terminate your access to the Service and your subscription or other product. If you are entitled to a refund under these Terms and Conditions the account that you used to submit payment will be credited. If your credit card or other payment account is expired at the time of the refund transaction, Paddock Publications will contact you at the address you provided at the time of registration to facilitate your refund.
To execute an order or refund, Paddock Publications will share your information with a credit card processor, a secure third-party vendor Paddock Publications has expressly engaged for this purpose. Paddock Publications will take steps to ensure that this vendor has agreed not to share your information with any third party and uses it exclusively for the purposes of processing your transaction on Paddock Publications’ behalf.
RECURRING BILLING PROGRAM
A digital subscriber or print subscriber may elect to authorize Paddock Publications to charge a the subscribers’ credit card or debit card a recurring basis. You can do so by completing the appropriate form made available by Paddock Publications. By doing so, you authorize Paddock Publications to charge your debit card or credit card at the then-current rate on a recurring basis until you cancel your subscription. The foregoing authorization shall remain in full force and effect until Paddock Publications has received notification from you of its termination in such time and manner as to afford Paddock Publications and your financial institution a reasonable opportunity to act on it.
You understand and agree that the Paddock Publications may from time to time change your subscription rate and/or billing frequency on a prospective basis by providing at least 10 days prior written notice (including notice by e-mail or similar electronic notification) to you and that, unless you cancel your subscription, your continued acceptance of delivery of the Paddock Publications is acceptance of the changed rate and/or billing frequency.
All print subscriptions may include premium editions per year, which are designated by Paddock from time to time. For each premium edition delivered to you, your account will be charged an additional fee (designated by Paddock Publications from time to time) in the billing period when the edition publishes.
CANCELLATION AND REFUND POLICY
You may cancel any print or digital subscription purchased through the Service at any time through the self-care system available through the Sites, such cancellation to be effective on your next billing date. Canceling via the self-care system will not result in the early cancellation of your subscription or result in a refund, but will prevent you from being billed in the future.
If you would like your subscription canceled immediately and would like to request a refund, you must call the Paddock Publications customer service team directly at 847-427-4333.
Standard Subscription refund terms for residents of the U.S. and other countries outside of the European Union are as follows, unless otherwise stated by the publisher at the point of purchase, or unless otherwise required by the laws applicable to your purchase (based on your location at the time of purchase or otherwise):
- Subscriptions that span up to 12 weeks (3 months): Customers must call Paddock Publications’ customer service team within 48 hours of purchase. The subscription will terminate immediately and a full refund will be issued. Subscriptions that span up to 12 weeks are not eligible for pro-rata refunds.
- Subscriptions that span 12 weeks (3 months) or more: Customers must call Paddock Publications’ customer service team within 30 days of purchase to receive a full refund. The subscription will terminate immediately. Any requests for refunds made by the customer after 30 days will be entitled to a pro-rata refund for all unused months of your subscription. The pro-rata refund will not include a reimbursement for any charges for the current month regardless of date.
- Please note certain subscription options you purchase may be marked as non-refundable. No refunds will be granted for non-refundable subscription purchases. All non-refundable subscriptions will be clearly marked as non-refundable at the point of purchase.
The specific terms of any promotions Paddock Publications’ may offer will be stated at the time the promotion is offered. Each promotion may be different and cannot be combined with other promotions. When you sign up for a promotion, you will be required to provide your payment details. At the end of the promotion, you will be automatically signed up for the related subscription which will begin at the end of the promotional period. You will not receive a notice from Paddock Publications that your promotional period has ended. You must notify Paddock Publications before the promotion ends if you wish to cancel and avoid being charged.
ADDITIONAL TERMS APPLICABLE TO ALL USERS
DISCLAIMERS AND INDEMNIFICATION
THE SITES AND THE SERVICE ARE 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 the Sites or any portion of the Service, and operation of the Sites and/or the Service may be interfered with by numerous factors outside of Paddock Publications’ control. While Paddock Publications intends to make every effort to ensure the accuracy of the information created and published by Paddock Publications on the Sites, it cannot guaranty the complete accuracy of all information contained on the Sites. 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 the Sites (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 the Sites or the Service, your sole and exclusive remedy is to discontinue using the Sites 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 THE SITES AND/OR THE SERVICE OR ANY OTHER MATTER RELATING TO THE SITES 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. Paddock Publications reserves the right to take over the exclusive defense of any claim for which Paddock Publications is entitled to indemnification under this paragraph. In such event, you shall provide Paddock Publications with such cooperation as is reasonably requested by Paddock Publications.
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 the Sites or the Service, 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:
Paddock Publications, Inc.
95 W. Algonquin Road
Arlington Heights, IL 60005
These Terms of Service constitute the entire agreement between you and Paddock Publications and govern your use of the Sites 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.