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Terms of Service

1. Introduction

Welcome to a Yakima Herald-Republic website, which is owned and operated by the Yakima Herald-Republic. This site provides you with various publishing and community services. Your use of the site and its services are subject to the following terms of service. If you are not willing to follow these terms of service, please do not use the site.

2. Copyright and Ownership

All of the content featured or displayed on the Yakima Herald-Republic website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("content"), is owned by the Yakima Herald-Republic, its licensors and/or its content providers. All elements of the sites, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with the Yakima Herald-Republic or one of its subsidiaries, no portion or element of the sites or its content may be copied or retransmitted via any means and the sites, their content and all related rights shall remain the exclusive property of the Yakima Herald-Republic or its licensors unless otherwise expressly agreed.

3. License

User-published content remains the intellectual property of the individual user. By posting content on our site, you grant the Yakima Herald-Republic a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You are responsible for any releases, clearances and permissions (including those relating to privacy and rights of publicity) necessary for the Yakima Herald-Republic to post the content and exercise its rights under this paragraph.

4. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE.

In operating the site, we may act as a “services provider” (as defined by the DMCA) and offer services as online provider of materials and links to third party sites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the site. If you believe any material available via the sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is NAME, TITLE, (509) PHONE, EMAIL, ADDRESS.

5. Restricted Content & Activities

The services and the site may only be used for the intended purpose for which such site and services are being made available. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.

Except as may be otherwise indicated in specific documents within the site, you are authorized to view, play, print and download documents, audio and video found on our sites for personal, informational and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the site. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the site.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software") are licensed to you by the Yakima Herald-Republic or its licensors. The Yakima Herald-Republic does not transfer title to the software to you. You own the medium on which the software is recorded, but the Yakima Herald-Republic retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.

5a. You agree that you will not use the site to post or upload any of the following:

· Offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind. The Yakima Herald-Republic news editors reserve the right to publish questionable phrases necessary to serve an important journalistic purpose, but that right does not extend to material you upload on our sites.

· Material that infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties.

· Multimedia content of any kind, such as audio and video files (but not including still photographs).

· Promotion of any activity that may be found illegal at the local, state or federal level or any content that is itself illegal in any way.

· Direct links to or descriptions of goods and services that are prohibited under these terms of service.

· Commercial content of any kind, including but not limited to graphic and text advertisements, chain letters, spam offers, surveys, contests or any clear promotion of commercial interests beyond appropriate discussion of site content or outside the context of specifically placing an online classified ad.

· Content that is untrue, inaccurate, deliberately misleading or trade libelous.

· Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs or any form of malicious or benign computer programming whatsoever.

· Encrypted content or content that can be demonstrated to contain encoded messages.

· Content in any language other than English if an accurate, reliable translation cannot reasonably be acquired.

· Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by utilizing another individual’s account to post, with or without that individual’s knowledge.

· Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.

5b. Our Right to Use Materials You Submit or Post

When you submit or post any material via the YakimaHerald.com or affiliated sites, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, license to use, copy, modify, transmit, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of YakimaHerald.com and affiliated sites, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

6. Corporate Identification, Site Content & Trademarks

All trademarks, service marks and trade names of the Yakima Herald-Republic and its partners and licensors used herein (including but not limited to: the Yakima Herald-Republic, "Yakima Herald-Republic", "http://www.yakima-herald.com/", the Yakima Herald-Republic corporate logo, and the associated designs and logos) (collectively "Marks") are trademarks or registered trademarks of the Yakima Herald-Republic or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without the Yakima Herald-Republic's prior written consent. The use of the Marks on any other website or network computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

7. Right to Remove Content or Block Access

The Yakima Herald-Republic may, at its discretion but without any obligation, remove content that does not meet these guidelines or is otherwise inappropriate, according to its sole interpretation, and may also remove all other content by that user, disable a user’s account, and otherwise seek to prevent that user from utilizing our services. The Yakima Herald-Republic may also, at its discretion, disable and suppress content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may take these actions in the event that (a) you breach these terms of service, including without limitation engaging in any of the restricted activities detailed in section 5); (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

7a. Responsibility for User-Provided Content

YakimaHerald.com and affiliated sites may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, email services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and email services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (ii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iii) that you are 13 years of age or older; (iv) that the materials will not violate the rights of, or cause injury to, any person or entity; and (v) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header "Rights and Restrictions Relating to Site Content."

Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the Site through which users can supply information or material, or sent via any email services that are made available via the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

8. Account Security

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, except activities instigated by us, either deliberate or inadvertent. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the services and site. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business). Anyone able to provide your personally identifiable information can access your account so you should take reasonable steps to protect this information.

9. Information Control

User-published content does not represent the views of the Yakima Herald-Republic or any individual associated with the Yakima Herald-Republic, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Yakima Herald-Republic’s endorsement of user-published content. The Yakima Herald-Republic does not vouch for the accuracy or credibility of any user-published content on our sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user-published content on our sites. You may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive; there may also be risks of dealing with underage persons, people acting under false pretense, or international trade and foreign nationals. By using our sites, you assume all associated risks.

10. Transactional Partners

In some cases, we partner with another company to co-promote their services within our websites. Some examples of these are: yakimaherald.com Classifieds, powered by TownNews; USA Weekend, powered by Gannett Co. Inc.; and yakimaherald.com photo reprints provided by Second Street media. In these cases, you are transacting directly with the other party. On those pages, the transactional partner's brand is clearly visible, and their terms of service are posted. When using these partner pages, you are bound by partner terms of service in addition to remaining bound by the Yakima Herald-Republic terms of service; when there is a conflict between the Yakima Herald-Republic’s terms of service and partner terms of service, the Yakima Herald-Republic terms of service shall be held as the primary, enforceable terms of service.

11. Links to Third Parties

The sites contain hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by the Yakima Herald-Republic of, or any affiliation with, or endorsement by, the owner of the linked site. The Yakima Herald-Republic is not responsible for the contents or use of any linked site, or any consequence of making the link.

12. Fees

The Yakima Herald-Republic will collect payment from you when you purchase any products or services sold on the site. In the event legal action is necessary to collect on balances due, you agree to reimburse the Yakima Herald-Republic for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website.

13. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (iii) bypass any measures we may use to prevent or restrict access to the site.

14. Release

In the event that you have a dispute with one or more other users of the sites, you release the Yakima Herald-Republic (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

15. No Warranty

Your use of and browsing of this website are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. THE Yakima Herald-Republic DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

16. Liability Limit

The Yakima Herald-Republic assumes no liability in the event that legal action is taken against you by a third party as a result of content you publish on our site, whether for copyright infringement or any other illegal activity related to your content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Yakima Herald-Republic or its affiliates for all claims resulting from content you supply. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITES, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF THE SEATTLE TIMES COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).

17. Indemnity

You agree to defend, indemnify and hold the Yakima Herald-Republic and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the sites or the Internet or the placement or transmission of any message, information, photographs or images on the sites by you or your authorized users or your violation of any law or the rights of a third party.

18. Force Majeure

Neither the Yakima Herald-Republic nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

19. Privacy

Please read our Privacy Statement.

20. General

These terms of service shall be governed in all respects by the laws of the state of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. If any provision of these terms of service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by the Yakima Herald-Republic in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 14 (Release), 3 (License), 13 (Access and Interference), 16 (Liability Limit), and 17 (Indemnity) shall survive any termination or expiration of this Agreement.

21. Changes to Terms of Service

The Yakima Herald-Republic reserves the right to change any aspect of these guidelines at its discretion, and will immediately publish changes to the guidelines as soon as they are made.

22. Entire Agreement

These terms and conditions are the entire agreement between the user and the Yakima Herald-Republic and supersedes any prior understandings or agreements (written or oral).

How to contact the Yakima Herald-Republic

If you have any questions about these commenting guidelines, our terms of service, the practices of our website, or to resolve a dispute, you can contact us:

By email: click here
By mail: Yakima Herald-Republic
Attn: Online Manager - Commenting
114 N. Fourth St.
Yakima, WA 98901-2707
Last updated July 12,2011