Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing This Website.

Effective Date: This Terms of Use Agreement was last updated on August 6, 2008.

This Terms of Use Agreement sets forth the standards of use of Fayette Publishing Inc.’s Online Communications Service for Registered Members. Fayette Publishing Inc. is a Georgia corporation doing business as The Citizen Newspapers (“The Citizen,” “TheCitizen.com,” “we,” “us,” “our”). By using, accessing or registering with TheCitizen.com website, you (the “Member”) agree to these terms and conditions.

If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at TheCitizen.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

TheCitizen.com is providing Member with access to portions and certain functionalities of its publicly viewable Internet website (“Communications Services”). Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Members access to the Internet, and (3) pay any fees related to such connection.

2. Disclaimer of Warranties.

The site is provided by Fayette Publishing Inc. and TheCitizen.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TheCitizen.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. TheCitizen.com shall have no liability for any interruptions in the use of this website. TheCitizen.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in those jurisdictions.

3. Limitation of Liability

Fayette Publishing Inc. and TheCitizen.com shall not be liable for any damages whatsoever, and in particular Fayette Publishing Inc., owner of TheCitizen.com, shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Fayette Publishing Inc. has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.

4. Indemnification

Member agrees to indemnify and hold Fayette Publishing Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Member’s Account

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify TheCitizen.com of any unauthorized use of Member’s account or any other breach of security that is known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of TheCitizen.com.

Member agrees to abide by such rules as may be promulgated and posted on TheCitizen.com for use of the website’s services, including, but not limited to, rules regarding the posting of comments, blogs and forums.

TheCitizen.com may at any time, in its sole discretion, block access to this website and may block the use of the website’s services and functionalities to any Member who violates our policies governing — but not limited to — the posting of comments, blogs and forums.

TheCitizen.com may contain comments — whether in real-time or in moderated form — blogs, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Pose as another real person on this site for whatever reason.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Violate any applicable laws or regulations.

TheCitizen.com has no obligation to monitor the Communication Services. However, TheCitizen.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TheCitizen.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, TheCitizen.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

6. Modifications and Interruption to Service

TheCitizen.com reserves the right to modify or discontinue the Service with or without notice to the Member. TheCitizen.com shall not be liable to Member or any third party should TheCitizen.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that TheCitizen.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While TheCitizen.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

TheCitizen.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts

Our website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State of Georgia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Georgia.

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Fayette County, Georgia, U.S.A., in all disputes arising out of or relating to the use of TheCitizen.com website. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fayette Publishing Inc. or any of its affiliates as a result of this agreement or use of TheCitizen.com website. TheCitizen.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TheCitizen.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website or information provided to or gathered by TheCitizen.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the Member and Fayette Publishing Inc. with respect to the TheCitizen.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Member and Fayette Publishing Inc. with respect to TheCitizen.com website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. By becoming a registered user, the Member explicitly acknowledges and affirms that the Member is at least 13 years of age or older.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Fayette Publishing Inc., with all rights reserved, or is the property of Fayette Publishing Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fayette Publishing Inc. and TheCitizen.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of TheCitizen.com.

Unless we explicitly authorize any of the following in writing, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from TheCitizen.com. You may, however, from time to time, download and/or print one copy of individual pages of TheCitizen.com for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

The Citizen Newspapers™ and TheCitizen.com™ are proprietary marks of Fayette Publishing Inc. Fayette Publishing Inc.’s trademarks may not be used in connection with any product or service that is not provided by Fayette Publishing Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fayette Publishing Inc.

All other trademarks displayed on Fayette Publishing Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fayette Publishing Inc.

12. About your posting or uploading of materials to our site.

By posting, uploading, inputting, providing or submitting your electronic submission, including but not limited to photographs, audio and video files, you are granting Fayette Publishing Inc., its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of our Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. TheCitizen.com is under no obligation to post or use any submission you may provide and may remove any submission at any time in TheCitizen.com’s sole discretion. By posting, uploading, inputting, providing or submitting your submission, you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

By posting, uploading, inputting, providing or submitting your submission, you are representing that you are thirteen (13) years of age or older. No person under the age of thirteen (13) is allowed to register or become a Member of this site.

13. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fayette Publishing Inc. and TheCitizen.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Cal Beverly
P.O. Drawer 1719
Fayetteville, GA 30214
By Telephone: 770-719-1880
By Email: editor@TheCitizen.com

14. Botnets

TheCitizen.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, TheCitizen.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fayette Publishing Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.

Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement, available and accessible separately on this website.

Back to thecitizen.com website.