These Terms of Service apply to TriWNews.com, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears (collectively, the “Tri-W News Services”). As used herein, “we,” “us” and “our” refers to Tri-W News, L.P. (the “Tri-W News”).
These Terms of Service apply to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).
These Terms of Service and any other terms that appear on the page from which you were directed to these Terms of Service govern your use of this Tri-W News Service. If there is a conflict between these Terms of Service and any such other terms, these Terms of Service will control. If you have purchased access to this Tri-W News Service through a third party (for instance, an online store that sells applications), such third party is not a party to these Terms of Service, and in the event of any conflict between the terms that apply to your purchase of Tri-W News Service from such third party and these Terms of Service, such third party terms will control.
These Terms of Service may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of Tri-W News Services is subject to the Terms of Service then in effect. Continued access to Tri-W News Services by you following any modification in the Terms of Service will constitute your acceptance of the Terms of Service as modified. If you do not agree to be bound by all of the terms set forth below, do not use any Tri-W News Services.
Tri-W News SERVICES PROVIDED “AS-IS, AS-AVAILABLE”
The materials comprising Tri-W News Services are provided by Tri-W News as a service to you for your noncommercial, personal use on an “as-is, as-available” basis. The materials may be used by you for informational purposes only. You acknowledge that you are using Tri-W News Services at your own risk. Tri-W News may add features to or remove features from Tri-W News Services at any time and from time to time in its sole discretion.
Tri-W News assumes no responsibility for any errors or omissions in the materials comprising Tri-W News Services. Tri-W News makes no commitment to update the information on Tri-W News Services. No advice or information given by Tri-W News or any other party on Tri-W News Services shall create any warranty or liability. Further, Tri-W News is not responsible for any content transmitted or posted to Tri-W News Services by a third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of Tri-W News. (See below regarding “User Content.”)
Tri-W News periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Tri-W News shall have no liability for the resulting unavailability of Tri-W News Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
Tri-W News makes no, and expressly disclaims any, representations or warranties, express or implied, regarding Tri-W News Services, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Tri-W News makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other sites and any other items on Tri-W News Services or accessed via Tri-W News Services, or that Tri-W News Services will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall Tri-W News, its parents, subsidiaries, affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with Tri-W News Services, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.
Tri-W News is not responsible for, and does not control, any third party content or advertisements which are posted on Tri-W News Services, nor does it take any responsibility for the goods or services provided by its advertisers. Some of these third-party sites may be co-branded with a Tri-W News logo, even though they are not operated or maintained by Tri-W News (for example, special sections appearing online are hosted and maintained by third parties). When visiting other websites or sections of Tri-W News Services that are operated or maintained by a third party, you should refer to each such web site’s individual “Terms of Use”.
COPYRIGHT
All materials contained in Tri-W News Services, including software, text, videos, photographs, images, sound files and other materials (collectively, “Content”), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either Tri-W News or, in the case of content licensed by Tri-W News from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these Terms of Service. You may download freely-accessible Content (one copy per page) from Tri-W News Services for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. Any third party materials transmitted or posted to Tri-W News Services become the copyrighted property of Tri-W News, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by Tri-W News. If you violate these Terms of Service, your permission to access Tri-W News Services terminates and you must immediately destroy any copies you have made of the Content.
Tri-W News does not permit infringement of intellectual property rights on Tri-W News Services. If you believe that any Content on Tri-W News Services infringes your copyright or other intellectual-property rights, you may notify Tri-W News by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3), to Tri-W News’s Copyright Agent:
Michel Bowen
Tri-W News
newsroom@triwnews.com
By accessing Tri-W News Services, including without limitation, any digital service made available by Tri-W News, you specifically acknowledge and agree that: (a) 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; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) The Associated Press will not be 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; (d) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit your use of AP materials or any portion thereof at any time.
IMPERMISSIBLE USES OF Tri-W News SERVICES
You agree not to: (a) systematically retrieve data or other Content from Tri-W News Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise; (b) use any trademarks, tradenames or other intellectual property of Tri-W News or any other party from Tri-W News Services as metatags on other websites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; or (d) delete or revise any material posted by another user. The following activities on Tri-W News Services are expressly prohibited: (i) any use of Tri-W News Services, which in Tri-W News’s sole judgment, degrades the reliability, speed, or operation of Tri-W News Services or any portion of Tri-W News Services or any underlying hardware or software thereof, (ii) any attempt to gain unauthorized access to Tri-W News’s computer systems or networks; and (iii) any use of Tri-W News Services which is unlawful or in violation of these Terms of Service.
TRADEMARKS
Tri-W News and all other trademarks, trade names, logos and other intellectual property owned by Tri-W News are the property of Tri-W News and cannot be used without Tri-W News’s express prior written permission.
USER CONTENT
Tri-W News may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to Tri-W News Services (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. Tri-W News does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark 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 submit or post the material and to grant Tri-W News all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with Tri-W News Services such as computer viruses, spyware, spiders, crawlers, data mining tools, bots, worms, bombs, or trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; or (i) violates the law or otherwise violates these Terms of Service.
In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Tri-W News to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by Tri-W News Services and these Terms of Service; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by Tri-W News Services and these Terms of Service; and (iii) it complies with these Terms of Service.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Tri-W News, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Tri-W News publishing such User Content. Tri-W News does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Tri-W News shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Service or is otherwise objectionable, as determined by Tri-W News in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to newsroom@triwnews.com, and any promise by Tri-W News to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a Vice President of Tri-W News.
You agree to indemnify Tri-W News and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of Tri-W News Services, your transmission or posting of User Content, your unauthorized use of material obtained from Tri-W News Services, your breach of these Terms of Service, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Tri-W News reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
By transmitting or posting User Content, you grant Tri-W News the perpetual, non-terminable, worldwide, non-exclusive, royalty-free, sublicensable and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any portion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with Tri-W News Services, in connection with the print or online edition of Tri-W News or triwnews.com, in connection with Tri-W News’s (and our successors’) business, in connection with promoting and redistributing part or all of Tri-W News Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution. You waive any moral rights you may have in the User Content. You also grant each user of Tri-W News Services a non-exclusive license to access your User Content through Tri-W News Services and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of Tri-W News Services and under these Terms of Service.
USER ACCOUNTS AND PASSWORDS
To use certain optional features and functions of Tri-W News Services, users may be given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information and password(s) and you agree not to use your user account(s) or password(s) for any unauthorized purpose. By creating any user account, you represent, warrant and certify that you are at least thirteen (13) years of age.
You are responsible for actions undertaken by those using your user account(s) and password(s). Tri-W News, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these Terms of Service.
Tri-W News may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if Tri-W News determines that you have posted or transmitted infringing User Content more than once.
PURCHASES
You may be able to use Tri-W News Services to purchase optional goods or services by providing a valid credit card or other payment method (your “Payment Method”). By making such a purchase, you authorize Tri-W News to bill your Payment Method. Unless expressly stated otherwise at the time of purchase, all purchases are final and nonrefundable. All currency references are in U.S. dollars.
In order to process your Payment Method, Tri-W News may provide information regarding your Payment Method and user account to a third-party processor (the “Payment Processor”). Tri-W News makes no representations about any Payment Processor’s privacy practices.
If a purchased good or service is subject to shipping, shipping methods and delivery times cannot be guaranteed. You agree that Tri-W News is not responsible for any production or shipment delays beyond its control, including fire, accident, acts of God, strike, carrier delays, power, or system failure
PRIVACY POLICY
Tri-W News has established a Privacy Policy, as modified from time to time, which explains how information is collected on Tri-W News Services and used. The Privacy Policy is part of these Terms of Service and is incorporated herein by reference.
ADVERTISING
All advertising on Tri-W News Services is subject to the Digital Advertising Terms and Conditions or Programmatic Platform Terms and Conditions, as applicable, as modified from time to time. All classified advertising placed using Tri-W News’s online ad placement service is subject to the Terms and Conditions of Use for the online ad placement system. The Digital Advertising Terms and Conditions, Programmatic Platform Terms and Conditions, and the Terms and Conditions of Use for classified advertising are part of these Terms of Service and are incorporated herein by reference.
Governing Law, Jurisdiction and Choice of Forum
You agree that any claim, action or proceeding arising out of these Terms of Service, or your use of Tri-W News Services, shall be governed by and construed in accordance with the substantive laws of the State of New York and must brought solely in a state or federal court in New York County, New York and any appellate court from any thereof. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.
No Waiver
The failure of Tri-W News to exercise or enforce any portion of these Terms of Service shall not constitute a waiver or modification of any such right or position.
General
The section titles used in the Terms of Service are for convenience of reference only, are not intended to be considered a part hereof, and shall not modify or restrict any of the terms or provisions hereof or be taken into consideration in interpreting or construing the Terms of Service.
If any portion of these Terms of Service is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties’ intention as reflected in that portion and the portion shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect.
These Terms of Service constitute the entire agreement between you and Tri-W News with respect to the subject matter hereof and supersedes any other agreements, written or oral.
RSS Terms
These RSS Terms apply to all uses of Tri-W News’s RSS feeds. The use of RSS feeds is also subject to our Terms of Service. If you have questions about use of our RSS feeds, or to request our permission to deviate from the requirements set forth below, please contact us at product@triwnews.com.
RSS feeds are provided for personal, non-commercial use only. Any other uses, including, without limitation, (i) the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS content and (ii) licensing of RSS content, are strictly prohibited.
For any article, you may not display more text than we provide in the RSS feed.
All text from our RSS feed must be displayed in the manner in which we provide the text. You may not edit, translate, or reformat the content that we provide, or create derivative works from the content we provide. You must retain all links to the original Tri-W News article on triwnews.com, as well as any other hyperlinks or notices in the feed.
You must ensure that all excerpts link directly to triwnews.com, and you may not insert interstitial, splash, intermediate pages or any other content or advertising in connection with our RSS feed, or between any display of our RSS feed and our website.
Any photographs or other images that you display must be low-resolution (no greater than 72 dpi) and in a size no greater than 640×480.
You must retain the attribution and by-line provided in the RSS feed in original form, and you must prominently credit Tri-W News in connection with each RSS excerpt that you publish.
You may not strip advertising from our RSS feeds, nor serve your own advertising within or against our RSS feeds.
You may not display the name, logo, trademark or other identifier of another person or entity in connection with our RSS feeds in a manner that could reasonably indicate that such other person or entity is affiliated with our RSS feeds.
You may not display the RSS feeds on any website or in any other way that could reasonably damage the brand or reputation of Tri-W News. For instance, you may not publish our RSS feed on or in connection with any website that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person; is libelous or defamatory; is obscene, pornographic, or sexually explicit; violates a person’s right to privacy; violates any local, state, national, or international law; contains or advocates illegal or violent acts; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification; or is predatory, hateful, or intended to intimidate or harass.
You will promptly remove our RSS feeds upon our request, and will not store or archive any of our feeds.
We are not liable for your use of our RSS feeds or any related activity.
We may limit, suspend, or terminate your access to and use of our RSS feeds at any time at our sole discretion.
We retain all ownership and other rights in the content of the RSS feeds, and in any and all Tri-W News logos and trademarks used in connection with the RSS feeds.
BY DOWNLOADING, ACCESSING OR OTHERWISE UTILIZING A TRI-W NEWS RSS FEED, YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. WE RESERVE THE RIGHT TO CHANGE ANY OF THESE TERMS AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF OUR RSS FEEDS CONSTITUTES ACCEPTANCE OF ANY SUCH CHANGES.
