TERMS OF SERVICE
THIS AGREEMENT WAS LAST UPDATED ON 05/03/2010
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This Agreement governs your use of The Hamilton County Express Online and, unless
other terms and conditions expressly govern, any other electronic services from
Port Jackson Media, LLC., that may be made available from time to time (each, a "Service").
The Hamilton County Express web service (the "Service") is owned and operated by Hamilton County Express and contains material which is derived in whole or in part from Hamilton County Express and other sources. The Service and its contents are
protected by international copyright, trademark and other intellectual property
laws. You may not modify, copy, reproduce, republish, upload, post, transmit or
distribute in any way any material from the Service, including code and
software. You may download material from the Service for your personal,
non-commercial use only, provided you keep intact all copyright and other
proprietary notices. You may establish a hypertext link to this Service so long
as the link does not state or imply any sponsorship of your site by Hamilton County
Express. However, you may not, without the prior written permission of
Hamilton County Express, frame any of the content of the Service, or incorporate into
another website or other service any intellectual property of Hamilton County
Express, its parent or affiliate companies or its licensors.
As part of our Service, Hamilton County Express agrees to provide you with
information and other computer services subject to these Terms of Service. You
agree to use our service in accordance with these Terms. Because the Web is an
evolving medium, we may need to change these Terms of Service from time to time,
in which case we will post the revised Terms of Service on the website. By
continuing to use Hamilton County Express after we post any such changes, you accept
the Terms of Service, as modified.
License to Hamilton County Express
When you post a message, upload a file, or otherwise provide us with material
for display on the website, you are granting Hamilton County Express a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any
2. 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, service mark or
patent laws under any relevant jurisdiction.
Unless the user informs us otherwise, Hamilton County Express reserves the right
to use and to disclose to third party vendors user information (e.g., user name
and e-mail address) for purposes such as providing users with information about
products and services. If the user does not wish to be included in such uses,
the user must send an e-mail or a letter requesting to be taken off any lists of
information that may be used for these purposes or given or sold to third party
vendors. In addition, please keep in mind that whenever you voluntarily disclose
personal information online, for example on message boards, through email, or in
chat areas, that information can be collected and used by others. We use
"cookies" in a limited way to help deliver advertisements and to identify unique browsers that visit us and to track usage throughout our site. Some of our
business affiliates and advertisers use "cookies," which can be used to tell when your computer has contacted a Web site. Because we do not control the
privacy policies of our business affiliates, advertisers or any other sites to
Children's Privacy Statement for Hamilton County Express
This children's privacy statement explains our practices with respect to the
online collection and use of personal information from children under the age of
thirteen, and provides important information on your rights under federal law
with respect to such information.
We do NOT knowingly collect personally identifiable information from children
under the age of thirteen. We screen users who wish to provide personal
information in order to prevent users under the age of thirteen from providing
such information. If we become aware that we have inadvertently received
personally-identifiable information from a user under the age of thirteen, we
will delete such information from our records. If we change our practices in the
future, we will obtain prior, verifiable parental consent before collecting any
personally identifiable information from children under the age of thirteen.
Because we do not collect any personally identifiable information from
children under the age of thirteen, we also do NOT knowingly distribute such
information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post
or otherwise distribute personally identifiable contact information.
We do NOT condition a child's participation in online activities on providing
more personally identifiable information than is needed to participate in the
Questions on Privacy
If you have any questions about the children's privacy statement, the
practices of Hamilton County Express, or your dealings with Hamilton County Express, you
This Service includes links and pointers to Internet sites, content and
services provided by third parties. Neither Hamilton County Express, its parent or
subsidiary companies nor their affiliates operate or control in any respect any
information, products or services that third parties may provide on or through
Hamilton County Express or on a website linked to by Hamilton County Express. The
materials in this site and the third-party sites are provided "as is" and
without warranties of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, Hamilton County Express disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. Hamilton County
Express does not warrant that this website or any of its functions will be
uninterrupted or error-free, that defects will be corrected, or that this site,
including bulletin boards, or the servers that make it available, are free of
viruses or other harmful components. Hamilton County Express does not warrant or make
any representations regarding the use or the results of the use of the materials
in this site or in third-party sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise. You (and not Hamilton County Express) assume
the entire cost of all necessary maintenance, repair or correction. The Service
is provided for informational purposes only, and is not intended for trading or
investing purposes, or for commercial use. Stock and mutual fund quotes, and
related financial news stories may be delayed by at least 20 minutes, as may be
required by the stock exchanges and/or the financial information services. The
Service should not be used in any high risk activities where damage or injury to
persons, property, environment, finances or business may result if an error
occurs. You expressly assume all risk for such use.
In addition, Hamilton County Express may allow you to purchase many different
types of products and services online that are provided by third parties.
Hamilton County Express is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you make a
purchase from a merchant hosted by Hamilton County Express or linked to by Hamilton County
Express, the information obtained during your visit to that merchant's online
store, and the information that you give, such as your credit card number and
contact information, is collected by the merchant and not by Hamilton County Express.
These merchants may have separate privacy and data collection practices.
Hamilton County Express has no responsibility or liability for these independent
policies. For more information regarding the merchant, its online store, and its
privacy policies, return to that store's home page and click on its information
links or contact the merchant website directly. You release Hamilton County Express
and its affiliates from any damages that you incur, and agree not to assert any
claims against them, arising from your purchase or use of any products or
services made available by third parties through Hamilton County Express.
Use of Company Directories
The information contained in the Company Directories is provided for business
lookup purposes and is not to be used for marketing or telemarketing
applications. This information may not be copied or redistributed and is
provided "AS IS" without warranty of any kind. In no event will Hamilton County Express or its suppliers be liable in any way with regard to such Information.
The Service may include a variety of features, such as bulletin boards, chat
rooms, and email services which allow feedback to Hamilton County Express and
real-time interaction between users. Hamilton County Express does not control the
messages, information or files delivered to bulletin boards. It is a condition
of your use of the Service that you do not:
Restrict or inhibit any other user from using and enjoying the Service.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or international law.
Post or transmit 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.
Post or transmit any information, software or other material which contains a
virus or other harmful component.
Post, transmit or in any way exploit any information, software or other
material for commercial purposes, or which contains advertising.
You understand that Hamilton County Express has no obligation to monitor any
bulletin boards, chat rooms, or other areas of the Service through which users
can supply information or material. However, Hamilton County Express reserves the
right at all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove any
information or materials, in whole or in part, that in Hamilton County Express's sole
discretion are objectionable or in violation of these Terms of Service.
To use certain features of the Service, you must register with Hamilton County
Express on the form provided. You agree (a) to provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form, and (b) to maintain and promptly update the information you
provide to keep it true, accurate, current and complete. If Hamilton County Express
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof). Our use of any personally identifying information you provide
to us as part of the registration process is governed by the terms of our
To use certain features of the Service, you may need a username and password,
which you will establish through the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account, and
are responsible for all activities that occur under your password or account.
You agree to notify us immediately of any unauthorized use of your password or
account or any other breach of security, and to ensure that you exit from your
account at the end of each session. Hamilton County Express cannot and will not be
liable for any loss or damage arising from your failure to protect your password
or account information. Limitation of Liability Under no circumstances,
including, but not limited to, negligence, shall Hamilton County Express, its
subsidiary and parent companies or affiliates be liable for any direct,
indirect, incidental, special or consequential damages that result from the use
of, or the inability to use, Hamilton County Express materials, products or services,
or third party materials, products or services made available through Hamilton County
Express. You specifically acknowledge and agree that Hamilton County Express is not
liable for any defamatory, offensive or illegal conduct of any user. If you are
dissatisfied with any Hamilton County Express materials, products or services or with
any Hamilton County Express terms and conditions, your sole and exclusive remedy is
to discontinue using Hamilton County Express.
Fees and Payments
You can always find the current subscription fees for a Service in the “Edit
Account” section. You agree to pay the subscription fees and any other charges
incurred in connection with your user name and password for a Service (including
any applicable taxes) at the rates in effect when the charges were incurred. We
will bill all charges automatically to your credit card. Subscription fees will
be billed at the beginning of your subscription or any renewal. All fees and
charges are nonrefundable. We may change the fees and charges then in effect, or
add new fees or charges, by giving you notice in advance. If you want to use a
different credit card or there is a change in credit card validity or expiration
date, or if you believe someone has accessed a Service using your user name and
password without your authorization, you must contact
You are responsible for any fees or charges incurred to access a Service
through an Internet access provider or other third-party service.
If you are authorized to access a Service through arrangements between your
employer and us, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.
Your subscription will renew automatically, unless we terminate it or you
notify us by telephone or email of your decision to terminate your subscription.
You must cancel your subscription before it renews in order to avoid billing of
subscription fees for the renewal term to your credit card.
Hamilton County Express may cancel or terminate your right to use the Service or
any part of the Service at any time without notice. In the event of termination,
you are no longer authorized to access the part of the Service affected by such
cancellation or termination. The restrictions imposed on you with respect to
material downloaded from the Service, and the disclaimers and limitations of
liabilities set forth in these Terms of Service, shall survive.
Limitations on Use
Only one individual may access a Service at the same time using the same user
name or password, unless we agree otherwise.
The content available through the Services is our property or the property of
our licensors and is protected by copyright and other intellectual property
laws. You may display or print the content available through the Services for
your personal, non-commercial use only.
You agree not to sell, publish, distribute, retransmit or otherwise provide
access to the content received through the Services to anyone, including your
fellow employees, with the exception:
You may occasionally distribute a copy of an article, or a portion of an
article, from a Service in non-electronic form to a few individuals without
charge, provided you include all copyright and other proprietary rights notices
in the same form in which the notices appear in the Service, original source
attribution, and the phrase "Used with permission from Hamilton County Express
You agree not to create abstracts from, scrape or display headlines from our
content for use on another web site or service. You agree not to post any
content from the Services to newsgroups, mail lists or electronic bulletin
boards, without our written consent.
Changes to This Agreement
We may change the terms of this Agreement at any time by notifying you of the
change in writing or electronically. The changes also will appear in this
section of the Service. You signify that you agree to be bound by such changes
by using the Service after changes are made to this Agreement.
This agreement constitutes the entire agreement between Hamilton County Express
and you with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals and
communications, written oral. You also may be subject to additional terms and
conditions that may apply when you use the products or services of a third party
that are provided through the Service. In the event of any conflict between any
such third party terms and conditions and these Terms of Service, these Terms of
Service shall govern. This agreement shall be governed by and construed in
accordance with the laws of the State of New York without giving effect to any
principles or conflicts of law. If any provision of this agreement shall be
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
Associated Press text, photos, graphics, audio and/or video material shall
not be published, broadcast, rewritten for broadcast or publication or
redistributed directly or indirectly in any medium. Neither Associated Press
materials nor any portion thereof may be stored in a computer except for
personal and noncommercial use. The Associated Press will not be held liable for
any delays, inaccuracies, errors or omissions there from or in the transmission
or delivery of all or any part thereof or any damages arising from any of the