1.
Use of
the StatePoint.net Web site is conditioned upon the acceptance of the Terms and
Conditions of Use as set forth below. By using this Web site, you represent that
you have read and understand the Terms and Conditions of Use and that you or anyone
to whom you provide your user name and password agree to these Terms and Conditions
of Use.
2.
EDITORIAL PRODUCTS
FOR PUBLICATION
A.
Editorial
products displayed or transmitted on this StatePoint.net Web site for publication,
including StatePoint Media's General Interest Features, articles for Special Supplements,
Crosswords, Short Takes, Sudoku puzzles and more (StatePoint Media Editorial Products),
are made available to you individually and free of charge to publish in your newspaper(s),
magazine(s) and/or on your Web sites.
B.
StatePoint
Media has developed an automated online system that allows you to easily and quickly
inform StatePoint Media where and when the StatePoint Media Editorial Products you
download
are to be published. You only are permitted to publish StatePoint Media Editorial
Products in the print and online publications that you register within your StatePoint.net
account, and not in any other publications.
C.
You may
alter the design, style and text formatting of any StatePoint Media Editorial Products
to meet the physical layout and editorial requirements of your publication(s), including
any necessary changes to font, column size, etc. Additionally, you may delete certain
text or a photograph or illustration within any Editorial Product except StatePoint
Crossword or StatePoint Sudoku.
D.
You may
not alter the text or accompanying image of any StatePoint Media Editorial Products
in such a way that would change its intended meaning.
E.
You may
not publish or misuse any StatePoint Media Editorial Products or related in any
libelous, defamatory, obscene, immoral or fraudulent manner.
F.
You
must properly attribute StatePoint Media Editorial Products. You may not remove
the StatePoint Media attribution (e.g. ‘StatePoint’ or ‘SPM Wire’) within any StatePoint
Media story or puzzle. You must include the proper attribution designated in the
Editorial Product. If desired, you may move this attribution to a different location
within a story. Puzzle grid images, however, must be published as-is, with no changes
to content.
G.
You may
not publish or post a StatePoint photo separately from the specific StatePoint article
with which it is distributed. If you choose to use a photo from the StatePoint service,
it must accompany the specific article with which it is distributed and may not
be used for any other purposes.
H.
You may
not delete or modify the respective logo, tagline and/or Web address that appears
underneath each blank Puzzle Grid within StatePoint Crossword, or above each blank
Puzzle Grid within StatePoint Sudoku.
3.
AUTOMATED FEEDS FOR
WEB
SITES
A.
Automated
feeds of stories (Automated Feeds) are made available to you free of charge to publish
on your Web site(s).
B.
You may
not copy or otherwise select individual stories from StatePoint Media’s Automated
Feeds for publication in print publication(s), or on any Web site(s) except as part
of the automated feed on the Web site you designated in your StatePoint.net account.
If you wish to publish individual StatePoint stories in a print or Web publication,
you must register that publication in your StatePoint.net account and
download
individual stories from the StatePoint.net Web site.
C.
You may
alter the design, style and text formatting of any Automated Feed headlines or stories
to meet the physical layout and editorial requirements of your Web site(s), including
any necessary changes to font, column size, etc.
D.
You may
not alter the text or accompanying image of any Automated Feed headline or story
in such a way that would change its intended meaning.
E.
You may
not publish or misuse any Automated Feed headline or story in any libelous, defamatory,
obscene, immoral or fraudulent manner.
F.
You may not modify the Automated Feed source code for
any immoral, illicit or illegal purposes.
G.
You
only are permitted to run StatePoint Automated Feeds on those Web site(s) registered
in your StatePoint.net account. You may run feeds on as many Web sites as you wish,
but each Web site and customized feed must be registered in your account separately.
You may not re-use automated feed code generated by StatePoint Media for one of
your Web sites on another site.
H.
You
may not license, sublicense, sell, assign or transfer Automated Feeds to another
party.
I.
StatePoint Media reserves the right to modify the presentation
of the Automated Feeds at its sole discretion, including but not limited to changing
the look, content and/or format of the stories contained therein.
4.
All material
("Materials") displayed or transmitted on this site, including but not
limited to StatePoint Media Editorial Products, Automated Feeds, text, photographs,
images, illustrations and graphics are owned by StatePoint Media or its partners
and are protected by
United States
copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
5.
Except
as provided in this agreement, you may not sell, rent or in any way commercially
exploit the Materials carried on this site, nor may you infringe upon any of the
copyrights or other intellectual property rights contained in the Materials.
6.
You acquire
no rights or license in the Materials other than the limited rights to use the site
in accordance with these Terms and Conditions of Use. StatePoint Media reserves
any rights not expressly granted under these Terms and Conditions of Use.
7.
Materials
may not be used in any print publications or on any Web sites that StatePoint Media
determines to be unsuitable for any reasons, including but not limited to those
that: (i) promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age; (ii) include pornographic
or objectionable content; (ii) violate intellectual property rights.
8.
StatePoint
Media reserves the right to modify, update, suspend, discontinue or restrict the
use of or access to this Web site or any portion of this Web site, including Automated
Feeds, at any time and without notice or liability.
9.
This Web
site and StatePoint Media Materials may contain links or pointers to Internet sites
maintained by third parties. StatePoint Media does not operate or control any information,
products or services on these third-party sites and expressly disclaims any responsibility
for such third-party links, which are provided for your convenience on an "as
is" basis without warranties of any kind.
10. Although all Materials
are believed to be reliable, StatePoint Media makes no representation, neither expressed
nor implied, as to the accuracy, completeness, timeliness or reliability of the
Materials or any information on this Web site.
11. StatePoint Media expressly
disclaims any warranties, expressed or implied. StatePoint Media’s
Editorial Products and Automated Feeds are provided on an
"as-is" basis and
shall not be liable to you or anyone else for any loss or damages whatsoever, including
but not limited to any direct, indirect, special, consequential, incidental, punitive
or other damages, arising out of the use of or inability to use the StatePoint.net
Web sites, StatePoint Media Editorial Products, Automated Feeds or any Materials
carried on this Web site.
12. You
hereby agree to
absolutely indemnify, defend and hold harmless StatePoint Media, its agents, affiliates,
subsidiaries, directors, officers, employees, and applicable third parties (e.g.,
all relevant Partner(s), licensors, licensees, media users, consultants and contractors),
against all claims, demands, damages, liabilities, losses, costs, expenses, actions
and proceedings of whatsoever nature which may be brought, commenced or prosecuted
against StatePoint Media by reason directly, consequently or indirectly relating
to or arising out of your use of or inability to use any StatePoint Media Editorial
Products, Automated Feeds, StatePoint.net or any other StatePoint Media Web Sites;
and also against all costs (including legal costs on full indemnity basis) and damage
which StatePoint Media may incur arising out of any such claims, actions or proceedings
including third-party proceedings.
13. StatePoint Media assumes
no responsibility for damage to computers or software of the visitor, or any person
the visitor subsequently communicates with, from corrupting code or data that is
inadvertently passed to the visitor's computer. Visitor assumes all risk of viruses,
worms or other corrupting factors or harm caused by visiting StatePoint’s web sites,
feeds and third-party links, or by downloading files or content from StatePoint
websites or feeds. Visitor views and interacts with these services at his or her
own risk.
14. Without limiting the
foregoing, neither party shall have any liability for any failure or delay resulting
from any condition beyond the reasonable control of such party, including but not
limited to governmental action or acts of terrorism, earthquake or other acts of
God, labor conditions, and power failures.
15. StatePoint Media,
Inc. reserves the right at its discretion to modify the Terms and Conditions of
Use under which this Web site is offered. Use of this Web site after the posting
of any such modification constitutes your agreement to the Terms and Conditions
of Use as modified.
16. This agreement will
be governed and construed in accordance with the laws of the State of
New York
without regard to its conflicts of law provisions. If any provision of this agreement
shall be unlawful, void or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect the validity and enforceability
of any remaining provisions.
17. This constitutes the
entire agreement between the parties concerning the Terms and Conditions of Use
of this Web site.