Terms of Service
Out & About Nashville, Inc. D/B/A Out & About Newspaper, has Reader Comments that allows registered users to post feedback to our articles.
In order to post you (the registered user) will be required to register and provide a valid e-mail address. Registration will require that you enter an agreement to abide by Out & About Newspaper’s Rules of Conduct.
Out & About Newspaper does not control the material posted to Reader Comments and has no obligation to monitor such comments. The messages do not necessarily reflect the views of Out & About Newspaper. In no event shall Out & About Newspaper assume or have any responsibility or liability for any materials posted on Reader Comments or for any claims, damages or losses resulting from their use and/or appearance on this Site. Out & About Newspaper reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Reader Comments) as necessary to satisfy any law, regulation or governmental request. In addition, Out & About Newspaper reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in Out & About Newspaper's sole discretion are objectionable or in violation of these Terms of Service.
By posting comments, you are granting Out & About Newspaper a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
- Use, copy, exploit, sublicense, adapt, transmit, publicly perform or display any such communication
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
RULES OF CONDUCT
It is a condition of your use of Reader Comments and this Site that you do not:
- Use any Reader Comments for any illegal purposes (or to solicit any illegal act);
- Restrict or inhibit any other user from using and enjoying the Reader Comments;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
- Post any message that solicits gambling or engage in any gambling activity;
- Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
- Post any defamatory, libelous, hateful, or harassing messages, information or material;
- Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
- Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes;
- Try to gain unauthorized access to the Services, other users' accounts, or computers connected to the Services though password mining or other means;
- Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services.
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
Out & About Nashville, Inc., D/B/A Out & About Newspaper, provides rules for certain activities on this Site including, without limitation, e-mail services, contests, sweepstakes, and auctions by Out & About Newspaper and in conjunction with third parties. These Terms of Service are incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Service and specific rules, the rules for the activity in which you choose to participate shall govern.
HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by Out & About Newspaper, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and Out & About Newspaper does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Out & About Newspaper is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Out & About Newspaper nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall Out & About Newspaper assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Out & About Newspaper will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
TERMINATION OF THE SERVICES
Out & About Newspaper may terminate the Site or any services included on or through the Site at any time with or without cause or notice. Out & About Newspaper shall not be liable any party for such termination.
If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. You may cancel any your subscription to Out & About Newspaper newsletters by clicking here and following the instructions given.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Out & About Newspaper, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. Out & About Newspaper reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Out & About Newspaper in asserting any available defenses.
LIMITATION OF LIABILITY/DISCLAIMER
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER OUT & ABOUT NEWSPAPER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that Out & About Newspaper is not liable for any defamatory, offensive or illegal conduct of any user.
Out & About Newspaper also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Materials from the Site.
Out & About Newspaper does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA).
Notice of the claimed infringement must be submitted to the Site’s Designated Agent.
Service Provider: Out & About Newspaper
Designated Agent: Jerry Jones
Telephone Number of Designated Agent: (615) 596-6210
E-mail Address of Designated Agent: publisher@outandaboutnewspaper.com
To be effective, the notification must be in writing and include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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 owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
MISCELLANEOUS
Out & About Newspaper Digital Media operates and controls this site from its offices in Nashville, Tennessee. This site is intended exclusively for residents of the United States.
Out & About Newspaper makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effort to any principles of conflicts of law. You agree that the state or federal courts located in Nashville, Tennessee shall have exclusive jurisdiction of any lawsuit arising in connection with these Terms of Service or your use (or nonuse) of the Site.
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to re exported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service is found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
