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Terms of Service

Please read these Terms of Service before using www.newspapertree.com, Newspaper Tree’s mobile sites and applications, any other Newspaper Tree applications or services, or any features of these sites, applications and services, including, but not limited to, Content Feeds, videos, Podcasts, widgets, and Newspaper Tree social networking features, forums and discussions (collectively, www.newspapertree.com). By using www.newspapertree.com, you agree to be bound by these Terms of Service and the Privacy Policy. If you do not agree to these Terms of Service and the Privacy Policy, please exit www.newspapertree.com and do not use www.newspapertree.com or any of its features.

We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service and/or an updated Privacy Policy on www.newspapertree.com. Please check these Terms of Service and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Service or the Privacy Policy shall be effective immediately upon posting. Your continued use of www.newspapertree.com following the posting of updated Terms of Service or an updated Privacy Policy will mean that you agree to those changes.

Copyrights

The contents of www.newspapertree.com are protected by U.S. and international copyright laws. The contents of www.newspapertree.com are owned by or licensed to Newspaper Tree and other producers or providers of programs or content to Newspaper Tree (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to Newspaper Tree by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on www.newspapertree.com without the prior written consent of Newspaper Tree, except as provided below. All rights not expressly granted in these Terms of Service are reserved to Newspaper Tree.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Newspaper Tree promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on www.newspapertree.com that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on www.newspapertree.com may be used in any media without attribution to Newspaper Tree.

You may use the Content Feeds, Podcasts, and other features of www.newspapertree.com only as expressly permitted in the relevant paragraphs below in these Terms of Service. Any other use of Newspaper Tree content requires prior written permission from Newspaper Tree. For permission requests, visit our permissions page.

User Materials

Through social networking features, forums and discussions on www.newspapertree.com, through the Contact Us page, and through other features of www.newspapertree.com, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through www.newspapertree.com (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Newspaper Tree staff and on www.newspapertree.com by the general public. You acknowledge that Newspaper Tree social networking features, forums and discussions, and other features of www.newspapertree.com, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through www.newspapertree.com. However, by submitting User Materials on or through www.newspapertree.com, you hereby grant Newspaper Tree, and other Content Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, www.newspapertree.com, third party licensee web sites, applications and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you. You further grant Newspaper Tree and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of www.newspapertree.com and other Content Providers’ web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through www.newspapertree.com and other Content Providers’ web sites, applications and services, to use your User Materials pursuant to these Terms of Service and the Terms of Service of the member stations, and as permitted by the functionality of www.newspapertree.com (such as through widgets and applications).

For any User Materials you Submit on or through www.newspapertree.com, you agree to abide by the “Rules of Use for the Service” set forth below, the (for User Materials Submitted through social networking features, forums or discussions, or in response to a Newspaper Tree blog), and these Terms of Service. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing

Newspaper Tree does not allow framing of www.newspapertree.com.

Links to www.newspapertree.com

Newspaper Tree encourages and permits links to content on www.newspapertree.com. However, Newspaper Tree is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, the linking should not (a) suggest that Newspaper Tree promotes or endorses any third party’s causes, ideas, web sites, products or services, or (b) use Newspaper Tree content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites and Services

The www.newspapertree.com service contains links to Internet sites, applications and services maintained by third parties, over which Newspaper Tree has no control. Newspaper Tree does not endorse the content, operators, products or services of such sites, and Newspaper Tree is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Newspaper Tree shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

In some cases, www.newspapertree.com may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

The www.newspapertree.com service includes a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to Newspaper Tree, and that your use of the third party services is subject to the terms and policies of those services.

Content Feeds

Newspaper Tree provides Really Simple Syndication (RSS) Feeds at www.newspapertree.com/rss/, and provides or may provide other content feeds on or through www.newspapertree.com, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the web site, weblog or similar application of a nonprofit corporation which is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and which is not a news, broadcast or multimedia organization (“501(c)(3) Nonprofit Corporation”). You may display, excerpt from, and link to the Content Feeds on your personal web site, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation web site, weblog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to www.newspapertree.com when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable www.newspapertree.com page, (c) the use or display does not suggest that Newspaper Tree promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to Newspaper Tree or the relevant Content Provider adjacent to the Content Feed, by including “Newspaper Tree Headlines” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of Newspaper Tree’s trademarks or service marks, the names or service marks of any Content Provider, or of the Content Feeds requires the prior written permission of Newspaper Tree. For permission requests, please visit our permissions page. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Service.

Newspaper Tree may withdraw Content Feeds at any time. Upon the request of Newspaper Tree, you shall promptly cease all use of, and remove from your web site(s) or other platforms, any Content Feeds identified by Newspaper Tree.

Podcasts

Newspaper Tree provides podcasts (the “Podcasts”) consisting of selected audio content that is provided using an XML feed and associated audio file so that the audio file may be downloaded and played from a user’s computer, mobile device or other portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a mobile or portable listening device the Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, blog or similar application, as long as (a) the links redirect the user to www.newspapertree.com when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of www.newspapertree.com, (c) the linking does not suggest that Newspaper Tree promotes or endorses any third party’s causes, ideas, web sites, products or services, (d) you do not use Newspaper Tree content for inappropriate commercial purposes, and (e) you provide attribution to Newspaper Tree adjacent to the link.

Newspaper Tree Mobile Services; High Data Usage Warning; Motor Vehicle Usage

Newspaper Tree does not charge you for the use of its mobile sites, applications and services or any features of these sites, applications and services (“NPT Mobile Services”). Please check your wireless plan, however, because your carrier’s per-minute, text messaging, and data or other charges may apply. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. You consent to your downloading and use of the NPT Mobile Services notwithstanding the potentially high data usage. You must provide at your own expense the equipment and connections needed for you to use the NPT Mobile Services, and you agree that you are solely responsible for any costs you incur to access the NPT Mobile Services, including any excess data charges. You should keep in mind that the use of the NPT Mobile Services to send content to another person via e-mail or SMS (Short Message Service) or text message may result in wireless charges to both the sender and the receiver.

You agree to obey all laws related to operation of the motor vehicle during use of the NPT Mobile Services.

Location Based Services

Newspaper Tree may collect geolocation data for purposes of offering visitors relevant content. Geolocation data consists of general location information based on latitude and longitude, rounded to a few mile radius, or based on IP addresses. You consent to Newspaper Tree’s collection of this geolocation information.
Rules for Use of the Service

By using www.newspapertree.com, including registering for an account on the www.newspapertree.com website, participating in Newspaper Tree social networking features, forums and discussions, Submitting User Materials through www.newspapertree.com, the Contact Us page or other means, using Content Feeds, or Podcasts, or by using any other features of www.newspapertree.com, you agree to the following rules:

1. You must be at least eighteen (18) years of age to submit any User Materials or personally-identifying information on or through www.newspapertree.com; create a public profile; and/or participate in any online contests. If you are between the ages of 13 and 18, you may browse www.newspapertree.com or register for email newsletters or other features of www.newspapertree.com with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, bullying, harassing, discriminatory, racist, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Newspaper Tree and users of www.newspapertree.com (to the extent permitted by these Terms of Service) to use and distribute any User Materials.

5. The www.newspapertree.com service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use www.newspapertree.com for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use www.newspapertree.com to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of www.newspapertree.com.

7. You may not interfere with or disrupt the integrity or performance of the www.newspapertree.com service, any portion or contents thereof, or related systems or networks, or use www.newspapertree.com in any way which degrades its reliability, speed or operation, or its underlying hardware or software. In addition you may not attempt to gain unauthorized access to the www.newspapertree.com service or related systems or networks.

8. By submitting any User Materials on or through www.newspapertree.com, you hereby grant Newspaper Tree and other Content Providers, their licensees, and users of these web sites, applications and services (to the extent permitted by the Terms of Service) the licenses to use those User Materials as set forth above in the “User Materials” section.

9. You are solely responsible for any User Materials submitted using your account. Newspaper Tree does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through www.newspapertree.com. However, Newspaper Tree has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Service, or for any other reason, as determined in Newspaper Tree’s sole discretion.

10. Newspaper Tree is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the www.newspapertree.com service. Newspaper Tree cannot verify the accuracy of statements that users make or place on or through www.newspapertree.com, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions ), or these Terms of Service.

11. By using www.newspapertree.com, you agree to abide by these rules. You acknowledge that Newspaper Tree has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Service, or for any other reason, in its sole discretion. You further acknowledge that Newspaper Tree has the right to limit or terminate your, or any other person’s, access to or registration in www.newspapertree.com for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Service.

12. You agree to comply with the , as they may be updated from time to time by Newspaper Tree.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through www.newspapertree.com, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through www.newspapertree.com that may be necessary for their use as contemplated by www.newspapertree.com and these Terms of Service, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by www.newspapertree.com and these Terms of Service, (d) the User Materials, and their use by Newspaper Tree and users of the www.newspapertree.com service (pursuant to these Terms of Service and the Terms of Service of member station sites), does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the (for User Materials Submitted through social networking features, forums or discussions ), or these Terms of Service, and (e) your use of www.newspapertree.com complies with these Terms of Service. You agree that you will indemnify and hold harmless Newspaper Tree and Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the www.newspapertree.com service, (3) the User Materials you have Submitted on or through www.newspapertree.com, or (4) Newspaper Tree’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by licensees and users.

Disclaimer

THE WWW.NEWSPAPERTREE.COM SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH WWW.NEWSPAPERTREE.COM ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLEBASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEWSPAPER TREE DOES NOT WARRANT THAT WWW.NEWSPAPERTREE.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES NEWSPAPER TREE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WWW.NEWSPAPERTREE.COM OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH WWW.NEWSPAPERTREE.COM OR THROUGH LINKS ON WWW.NEWSPAPERTREE.COM. USE OF WWW.NEWSPAPERTREE.COM IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON WWW.NEWSPAPERTREE.COM IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN WWW.NEWSPAPERTREE.COM IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR VIEWED ON WWW.NEWSPAPERTREE.COM.

LIMITATION OF LIABILITY

IN NO EVENT WILL NEWSPAPER TREE, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE WWW.NEWSPAPERTREE.COM, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH WWW.NEWSPAPERTREE.COM, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL NEWSPAPER TREE, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change Newspaper Tree Services

Newspaper Tree reserves the right to change, terminate or suspend www.newspapertree.com, any features of www.newspapertree.com (including, but not limited to, Content Feeds and Podcasts), and any content or materials contained in www.newspapertree.com, in any way, at any time and for any reason or no reason. Newspaper Tree also has the right to require you to cease accessing any features, content or materials of www.newspapertree.com.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

Newspaper Tree respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on www.newspapertree.com, please provide the following information in writing to Newspaper Tree’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

2. A description of the copyrighted work that you claim has been infringed.

3. A description of the material that you claim 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 sufficient to permit us to locate the material.

4. Information so that we can contact you, such as address, telephone number and e-mail address.

5. A statement that you have 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.

6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to www.newspapertree.com, that were subsequently removed from www.newspapertree.com, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Newspaper Tree’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

1. Your physical or electronic signature.

2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Newspaper Tree’s Copyright Agent can be reached as follows:

Rosemary Neill
Copyright Agent
Newspaper Tree Corp.
P.O. Box 15
El Paso, Texas 79940
Phone: (915) 532-0905
Email: rosemary@newspapertree.com

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding www.newspapertree.com, please contact Newspaper Tree through our contact page.

International Users

The www.newspapertree.com service is controlled and operated within the United States. Newspaper Tree makes no representation that content, materials or products available on or through www.newspapertree.com are appropriate or available for use outside of the United States. If you access www.newspapertree.com from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Attributions & Third Party Notices

Certain third party content made available through www.newspapertree.com may be subject to other terms.

Miscellaneous

These Terms of Service, together with the Privacy Policy and Community Discussion Rules, represent the entire understanding of the parties regarding the use of www.newspapertree.com and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of www.newspapertree.com. This Agreement shall be governed by the laws of the United States and the State of Texas. Any action to enforce this Agreement shall be brought in the federal or state courts located in El Paso County, Texas. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.

Questions

If you have any questions about the Terms of Service, please contact Rosemary Neill at rosemary@newspapertree.com.

Updated 6.10.14