Terms and Conditions of Use
TERMS AND CONDITIONS OF USE
Welcome to www.thirdcoastdaily.com (the “Website” or “Third Coast Daily”). The Website is owned and operated by Prime 7 Media, LLC.
All users of the Website agree that access to and use of the Website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use the Website.
In consideration of your use of the Website, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”).
Copyrights in Site Content; Limited License to Use
All content included in the Website, including, but not limited to, any designs, text, graphics, video, music, sound or code, and their selection and arrangement (the “Site Content”), excepting syndicated, third-party content, is copyrighted under the United States and other copyright laws, and is the exclusive property of Third Coast Daily and/or its users or licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Third Coast Daily’s prior written permission; provided, however, that the foregoing does not apply to your own User Generated Content (defined below), to the extent the same is posted legally by you on the Website. Notwithstanding the foregoing, you may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the Site Content to which you have properly gained access solely for your personal, non-commercial use, or to place an order to purchase Third Coast Daily products, provided that you do not change or delete any proprietary notice from materials so displayed, downloaded or printed. Any use of the Site Content that is not expressly authorized herein, or otherwise pre-approved by Third Coast Daily in writing, is strictly prohibited, and will terminate the limited license set forth above.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of Third Coast Daily used in the Website (including but not limited to the Third Coast Daily name and logo) are trademarks of Third Coast Daily and/or its licensors, and may not be used without Third Coast Daily’s prior written permission. Any other intellectual property in the website, including but not limited to, patents issued or pending, are the sole property of Third Coast Daily and/or its licensors.
Third Party Content: User-Generated, Advertising and Syndicated Content
Third Coast Daily does not, and you agree that Third Coast Daily has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website or third-parties whose content is displayed on Third Coast Daily (including, without limitation, in or on user reviews, bulletin boards, chat rooms, community pages, RSS feeds, advertisements or other forums as may exist on the Website from time to time) (collectively, “Third Party Content”), that Third Coast Daily is not in any manner responsible for Third Party Content, that Third Coast Daily does not guarantee the accuracy, integrity or quality of Third Party Content, and that Third Coast Daily cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Third Party Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view Third Party Content on the Website, Third Coast Daily is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Third Party Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any Third Party Content are not necessarily those of Third Coast Daily or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that Third Coast Daily has the absolute right to monitor Third Party Content posted to the Website in its sole discretion. In addition, Third Coast Daily reserves the right to alter, edit, refuse to post or remove any such Third Party Content, in whole or in part, for any reason or for no reason, and to disclose such Third Party Content to any third party. You agree that Third Coast Daily does not have any obligation to use or respond to any Third Party Content.
Any use of any content on this website, including, without limitation, Third Party Content, will be at your own risk.
The Website is for your personal, non-commercial use only. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization without Third Coast Daily’s prior written consent in each instance.
You represent, warrant and agree that your Third Party Content will not violate or infringe upon the rights of any third party, including, but not limited to, any copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Website to:
Harvest or collect email addresses or other contact information of other users of the Website by electronic or other means for the purpose of sending unsolicited communications to such users;
Engage in unlawful conduct, or conduct that could damage, disable, overburden or impair the Website;
Collect information by use of automated scripts;
Upload, post, transmit, share, store or otherwise make available any content that Third Coast Daily, in its sole discretion, deems to be harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or racially, ethnically or otherwise objectionable;
Register for more than one user account, or register for a user account other than yourself;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
Upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters or pyramid schemes;
Upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Upload, post, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Upload, post, transmit, share, store or otherwise make available content that would encourage or provide instructions regarding how to commit a criminal offense;
Use or attempt to use another’s account without Third Coast Daily’s prior authorization.
Use of User Generated Content and Other Information
You hereby grant Third Coast Daily, and represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, fully-paid worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), prepare derivative works based on, distribute and otherwise exploit any User Generated Content or other information posted by you to the Website, or contained in any communication you may send to Third Coast Daily, in any media now known or hereafter created, for any purpose, commercial, promotional, or otherwise.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Third Coast Daily actual knowledge of facts or circumstances from which infringing material or acts are evident. Third Coast Daily’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Prime 7 Media, LLC dba Third Coast Daily
616 W Wisconsin Ave. #24
Milwaukee, WI 53203
We suggest that you consult your legal advisor before filing a notice with Third Coast Daily’s copyright agent. You should note that there can be penalties for false claims under the DMCA.
Third-Party Goods and Services
THIRD COAST DAILY DOES NOT VOUCH FOR THE GOODS OR SERVICES OF ANY THIRD PARTY THAT MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE WEBSITE.
You agree to indemnify, defend, and hold harmless Third Coast Daily, its parents, subsidiaries and affiliates, and each and all of their respective shareholders, members, officers, directors, employees, agents, licensors, licensees, suppliers, successors, assigns, agents and representatives, from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this Website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS MADE AVILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIRD COAST DAILY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD COAST DAILY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIRD COAST DAILY DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIRD COAST DAILY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THIRD COAST DAILY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
THIRD COAST DAILY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE (OR THE WEBSITE OF ANY AUTHORIZED REPRESENTATIVE OF THIRD COAST DAILY) OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF THIRD COAST DAILY 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.