Effective Date: September 19, 2016
BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.
THE USA WIRE RESERVES THE RIGHT, AT ANY TIME, WITHOUT NOTICE, AND AT ITS SOLE DISCRETION, TO UPDATE OR MODIFY THIS AGREEMENT BY POSTING SUCH CHANGE, UPDATE, OR MODIFICATION ON THE WEB SITE. ANY SUCH UPDATE OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON POSTING.
ANY MATERIAL (REALLY IMPORTANT) CHANGES TO THIS AGREEMENT WILL ONLY APPLY PROSPECTIVELY. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR ANY SERVICES OR FEATURES OFFERED ON THE WEBSITE MEANS THAT YOU ACCEPT ANY MODIFICATIONS TO THIS AGREEMENT.
The USA Wire also may in its sole discretion and at any time discontinue providing the Website or services available through the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or Content, or your User Content under any provision of this Agreement, may be effected without prior notice to you, and you acknowledge and agree that The USA Wire may bar any further access to the Website, including the Content and your User Content. Further, you agree that The USA Wire shall not be liable to you or any third-party for any termination of access to the Website.
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE USA WIRE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
I. OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (Content) published on the Website is protected by applicable intellectual property laws and is owned or licensed by The USA Wire or its licensors. The USA Wire grants you a limited right to access and use the Website. You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of the Content or software contained on, or comprising, the Website without seeking prior written permission from The USA Wire. You are also restricted from using any automated or manual device or process to copy, monitor, index or data mine the Website. The USA Wire, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of The USA Wire and may not be copied, imitated or used, in whole or in part, without The USA Wire’s prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.
The USA Wire reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that The USA Wire shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You may not use anyone else’s username and password at any time. The USA Wire cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree to notify us if any of your log-in information is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your account on this Website or if you know of any other breach of security in relation to this Website.
III. INTERACTIVE FEATURES; USER CONTENT
The Website provides information for the benefit of users. Certain areas of the Website allow users to post, upload, submit or otherwise make available content such as blogs, profiles, photo albums, video galleries opinions, messages, comments, graphics, sounds or material (“User Content”). However, The USA Wire does not guarantee the truthfulness, accuracy, or validity of any User Content on the Web Site.
You may not submit any User Content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others, or that otherwise violates the User Conduct section of this Agreement.
The USA Wire reserves the right to refuse, delete or remove any User Content that it considers inappropriate or otherwise objectionable, in its sole discretion. The USA Wire, however, assumes no responsibility for monitoring or policing the Website for inappropriate User Content or conduct. If at any time The USA Wire chooses, in its sole discretion, to monitor the Website, The USA Wire will assume no responsibility for the User Content on the Website, no obligation to modify or remove any inappropriate or otherwise objectionable User Content on the Website, and no responsibility for the conduct of any user submitting such User Content.
By submitting User Content to or through the Website, you expressly grant The USA Wire a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferrable license (including the right to sublicense through multiple tiers) to use, publish, transmit, modify, reproduce, display, distribute, process, adapt, publicly perform, publicly display, prepare derivative works from, and distribute your User Content, derivatives, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use your User Content.
You acknowledge that you are solely responsible for the User Content you post on or through the Website and the consequences of posting such User Content. By posting such User Content, you represent and warrant to us that you have the necessary licenses, rights, consents and permissions to enable inclusion of the User Content in the manner contemplated by this Website and this Agreement. You agree that you will not post User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such User Content. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Content posted by you to or through this Site.
The USA Wire may use e-mail validation or other confirmation or validation methods to reduce “comment spam.”
IV. USER CONDUCT
By accessing and using the Website, you agree that you will: (i) comply with all applicable local, state, national, and international laws and regulations that govern your use of the Website; and (ii) provide truthful and accurate information about your identity if you choose to register on the Website.
You also agree that you will NOT:
disrupt or interfere with the security or accessibility of the Website or any services offered in connection with the Website;
transmit any obscene or otherwise objectionable User Content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Website;
reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Website for a commercial purpose, unless specifically authorized by The USA Wire;
attempt to gain unauthorized access to the Website.
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
use racially, ethnically, or otherwise offensive language.
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
post anything that exploits children or minors
post anything that depicts cruelty to animals.
post any copyrighted or trademarked materials without the express permission from the owner.
disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
use any robot, spider, scraper or other automated means to access the Site.
take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
alter the opinions or comments posted by others on this Site.
use the Site for unintended purposes or trying to change the behavior of the Site;
attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempt to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to , or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or
take any action that may otherwise harm, disrupt or overburden the Site, or harm another user of the Site.
This list of prohibitions provides examples and is not complete or exclusive. The USA Wire reserves the right to (a) terminate access to your account, your ability to post to this Website and (b) refuse, delete or remove any User Content with or without cause and with or without notice, for any reason or no reason, or for any action that The USA Wire determines is inappropriate or disruptive to this Website or to any other user of this Website. The USA Wire may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, The USA Wire will cooperate with law enforcement agencies in any investigation of alleged illegal activity.
V. CHILDREN UNDER 13
The Website is not directed to children under 13, and The USA Wire does not knowingly collect or solicit personally identifiable information from or about children under 13. If we discover that we have received any personally identifiable information from a child under 13, we will delete such information from our servers and records promptly.
A. Copyright Infringement Notification
The USA Wire respects the intellectual property rights of others. If you believe that the Website contains Content or material that infringes a copyright you own, you may file a Notification of Claimed Infringement (“Notification”) with our designated Digital Millennium Copyright Act (DMCA) agent as specified below:
Attn: Copyright Agent
The USA Wire
2402 Potomac Ave. #102
Alexandria, VA 22301
You can also email us at [email protected]
To be effective under the DMCA, the Notification must be a written communication sent to The USA Wire’s designated agent and must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to be infringed;
Identification of the material that is claimed to be infringing in sufficient detail for The USA Wire to be able to identify the claimed infringing material;
Contact information for the complaining party, such as an address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the material in the manner identified is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Upon receipt of a valid Notification from a copyright owner, which contains all of the required information described above, The USA Wire will remove or disable access to the material contained on the Website that is alleged to be infringing.
B. Counter Notification
If material or content that you have created, developed, or posted has been removed or disabled by The USA Wire after it receives a Notification meeting the requirements described above, you may ask that the content be restored by sending The USA Wire a Counter Notification. The Counter Notification must include substantially all of the following:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. The USA Wire requests that complete URLs for each instance of the affected material be provided;
A statement that the information in the Counter Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner; and
Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which The USA Wire may be found, and that you will accept service of process from the person who provided the copyright infringement Notification or an agent of such person.
After receipt of a valid Counter Notification meeting the requirements described above, The USA Wire is required to:
Promptly provide the person who provided the Notification with a copy of the Counter Notification, and inform that person that The USA Wire will replace the removed material or cease disabling access to it in 10 business days; and
Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless The USA Wire’s designated copyright agent first receives notice from the person who submitted the Notification that such person has filed an action seeking a court order to restrain the other user from engaging in infringing activity relating to the material on The USA Wire’s system or network.
VII. ADVERTISING AND PROMOTIONS
Third parties not affiliated with The USA Wire may also offer contests, sweepstakes, or promotions on the Website. If you choose to correspond with, order or pay for goods and services, or participate in contests, sweepstakes, or promotions offered by third parties, there will be other terms, conditions, warranties or representations that will apply. You agree that The USA Wire shall not be responsible or liable for any loss or damage of any sort related to your dealings with such third parties.
VIII. INDEMNIFICATION/ DISCLAIMER OF WARRANTIES AND LIABILITY
You agree to indemnify and hold The USA Wire, its subsidiaries, affiliated companies, officers, directors, shareholders, predecessors, successors interest, agents, employees, partners and licensors, harmless from and against any claim, demand, loss, liability, or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Website, your access or use of the Website, your violation of this Agreement, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE USA WIRE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE USA WIRE PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEBSITE OR THE CONTENT PROVIDED ON THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE USA WIRE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE USA WIRE’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IX. VIOLATION OF THIS AGREEMENT; TERMINATION OF ACCESS
You agree that The USA Wire may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to The USA Wire, for which monetary damages would be inadequate, and you consent to The USA Wire obtaining any injunctive or equitable relief that The USA Wire deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The USA Wire may have at law or in equity.
The USA Wire may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The USA Wire’s rights or property, or the rights or property of visitors to or users of the Website, including The USA Wire’s customers.
If The USA Wire does take any legal action against you as a result of your violation of this Agreement, The USA Wire will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The USA Wire. You agree that The USA Wire will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Website on the condition that the link does not portray The USA Wire in a false, misleading, derogatory or otherwise defamatory manner.
XI. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to other websites owned or operated by non-affiliated third parties. The USA Wire is not responsible for the content provided by or privacy practices of these other websites. When you visit such websites – even if you get there by clicking on links provided on this Website – this Agreement no longer applies. The USA Wire is not responsible for your access to and use of such linked websites, including the use of your personal information by such linked websites.
If you send or transmit any communications, comments, questions, suggestions, or related materials to The USA Wire, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and The USA Wire is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that The USA Wire is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
XIV. GOVERNING LAW
This Agreement shall be governed in accordance with the Federal Arbitration Act, the laws of the State of Virginia, and applicable federal laws, without regard to choice or conflict of law provisions. Except for disputes subject to arbitration as described above, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Wilmington, Delaware for resolution of any disputes arising out of or relating to this Agreement or your use of the Website.
XVI. WAIVER AND SEVERABILITY OF UNENFORCEABLE PROVISIONS
If The USA Wire does not exercise or enforce any right under this Agreement, it doesn’t mean that it waives such right. Likewise, if a court holds that any portion of this Agreement is unenforceable, that portion shall be deemed severable from rest of this Agreement and the fact that it is unenforceable will not affect the validity and enforceability of the remaining provisions.
XVII. OPINION DISCLAIMER; NO AGENT RELATIONSHIP
The views expressed in the articles labeled “Opinion” on this domain are those of the authors alone. They do not represent the views and opinions of The USA Wire, or its staff.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and The USA Wire with regard to your use of the Website. Any and all other written or oral agreements or understandings previously existing between you and The USA Wire with respect to your use of the Web Site are hereby superseded and canceled. The USA Wire will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.
If you have any questions about this Agreement, please contact us at [email protected]
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE