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Crosscut Public Media terms of service
1. IntroductionWelcome to Crosscut, a site owned and operated by Crosscut Public Media. The site provides you with various publishing and community services such as the ability to post information and reviews to a Web page and participate in online discussions ("Services"). Your use of the site and the Services is 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 OwnershipAll of the content featured or displayed on the site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, and software ("Content"), is owned by Crosscut Public Media, its licensors and/or its content providers. All elements of the site, 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 Crosscut Public Media, no portion or element of the site or its Content may be copied or retransmitted via any means and the site, its Content and all related rights shall remain the exclusive property of Crosscut Public Media or its licensors unless otherwise expressly agreed.
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4. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICEIn 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 site 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 Joe Copeland, Deputy Editor, 206-382-6137, firstname.lastname@example.org, 105 S Main St, Suite 330, Seattle, WA 98104.
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7. Right to Remove Content or Block AccessCrosscut Public Media may, at its discretion but without any obligation, remove content that does not meet these terms of service 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. Crosscut Public Media 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, copyright, or other applicable law. 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.
8. Account SecurityYou 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. You agree that we have the right to provide user billing, account, content or use records, and related information in response to 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 ControlUser published content does not represent the views of Crosscut Public Media or any individual associated with Crosscut Public Media, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Crosscut Public Media's endorsement of user published content. Crosscut Public Media does not vouch for the accuracy or credibility of any user published content on the site, 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 the site. 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 the site, you assume all associated risks.
10. Transactional PartnersIn some cases we partner with another company to co-promote its services within the site. In these cases, you are transacting directly with the other party. On those pages, the transactional partner's brand is clearly visible, and its terms of service are posted. When using partner pages, you are bound by partner terms of service in addition to remaining bound by Crosscut Public Media terms of service; when there is a conflict between Crosscut Public Media's terms of service and partner terms of service, Crosscut Public Media terms of service shall be held as the primary, enforceable terms of service.
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15. No WarrantyYour use of and browsing of the site are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE SITE, EVERYTHING ON THE SITE AND ALL 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 SITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. CROSSCUT Public Media DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE 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 LimitCrosscut Public Media 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 the 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 these terms of service and will not cause injury to any person or entity; and that you will indemnify Crosscut Public Media 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 THE SITE, 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 CROSSCUT Public Media 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 CROSSCUT PUBLIC MEDIA'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. IndemnityYou agree to defend, indemnify and hold Crosscut Public Media 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 of service by you or your authorized users, or in connection with the use of the site or the Internet or the placement or transmission of any message, information, photographs or images on the site by you or your authorized users or your violation of any law or the rights of a third party.
18. PrivacyPlease read our Privacy Statement.
19. GeneralThese 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 Crosscut Public Media at 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 these terms of service.
20. Changes to Terms of ServiceCrosscut Public Media reserves the right to change any aspect of these terms of service at its discretion, and will immediately publish changes to these terms of service as soon as they are made.
21. Entire AgreementThese terms of service are the entire agreement between the user and Crosscut Public Media and supersede any prior understandings or agreements (written or oral).
How to contact Crosscut Public MediaIf you have any questions about these terms of service, the practices of the site, or to resolve a dispute, you can contact us:
Crosscut Public Media 105 S Main St, Suite 330 Seattle, WA 98104
Updated October 20, 2010