Service Agreement: grandcanyonscout.com

The grandcanyonscout.com web site is a service of the Arizona Daily Sun. grandcanyonscout.com is offered to you, the user, conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein (this "Agreement"). Your use of grandcanyonscout.com constitutes your agreement to this Agreement.

1. Use of grandcanyonscout.com.

1.1 You agree to adhere to grandcanyonscout.com Acceptable Use Protocol (as defined in Section 7 below). You may engage in conferences and chats, download and upload files and otherwise use grandcanyonscout.com, in each instance only in accordance with this Agreement (including, without limitation, grandcanyonscout.com's Acceptable Use Protocol), and applicable law.

1.2 You represent and warrant that you possesses the legal right and ability to enter into this Agreement.

1.3 You agree to protect your account by, among other things, keeping your password, if any, and other information relating to your account confidential.

2. No Warranties and Limitation of Liability.

2.1 Your use of grandcanyonscout.com, including storage of information, if any, is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through grandcanyonscout.com. Neither the Arizona Daily Sun nor any of its suppliers endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of grandcanyonscout.com. Statements made in conferences and chats reflect only the views of their authors. Advice received via grandcanyonscout.com should not be relied upon for important personal or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation. grandcanyonscout.com may contain hyperlinks to web sites operated by parties other than the Arizona Daily Sun. Such hyperlinks are provided for your reference only. The Arizona Daily Sun does not control such web sites and is not responsible for their contents. The Arizona Daily Sun's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

2.2 grandcanyonscout.com IS PROVIDED "AS IS", AND NEITHER THE Arizona Daily Sun NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by the Arizona Daily Sun or any of its suppliers, content providers, licensors, employees, agents, or the like shall create any warranty. Neither the Arizona Daily Sun nor any of its suppliers, content providers, licensors, employees, agents, or the like warrants that access to, or use of, grandcanyonscout.com will be uninterrupted, virus free, or error-free, or that grandcanyonscout.com (including, without limitation, any content on grandcanyonscout.com) will meet any particular criteria of performance or quality. THE Arizona Daily Sun, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE Arizona Daily Sun KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF grandcanyonscout.com. FURTHERMORE, THE Arizona Daily Sun, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF grandcanyonscout.com.

2.3 The Arizona Daily Sun and all of its suppliers, content providers, affiliates, licensors, employees, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, grandcanyonscout.com, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if The Arizona Daily Sun has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, The Arizona Daily Sun and all of its suppliers, content providers, affiliates, licensors, employees, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet (including grandcanyonscout.com).

2.4 Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

2.5 The provisions of this Section 5 represent a reasonable allocation of the risks under this Agreement. The Arizona Daily Sun's willingness to allow you to use grandcanyonscout.com reflects this allocation of risk and the limitations of liability specified herein.

3. Control of Account. The Arizona Daily Sun shall have the right, but not the obligation to, among other things, (a) monitor conferences and chats and authorize restrictions on access thereto, (b) make available to third parties information relating to grandcanyonscout.com and its subscribers, and (c) withdraw, suspend or discontinue any functionality or feature of grandcanyonscout.com. Furthermore, the Arizona Daily Sun reserves the right, with or without notice to you, to change any of the services offered on grandcanyonscout.com including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, vendors and/or other services. Any rights not expressly granted in this Agreement by the Arizona Daily Sun are hereby reserved by The Arizona Daily Sun.

4. Acceptable Use Protocol. Without limiting any of its other rights or remedies contained herein or at law, The Arizona Daily Sun may terminate your account (and, thereby, your access to grandcanyonscout.com) for breaching or otherwise violating any provision of this Agreement including, without limitation, the breach or violation of any one or more of the following provisions which constitute grandcanyonscout.com' "Acceptable Use Protocol":

4.1 grandcanyonscout.com will only be used for lawful purposes. Use of grandcanyonscout.com for the transmission or storage of any information, data or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Without limiting the generality of the foregoing, you may not:

(a) use any of the Services, under any circumstances, to:

(i) publish, post, distribute or disseminate defamatory, infringing, obscene or unlawful material or information, (ii) threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others, (iii) intercept or attempt to intercept e-mail, (iv) send "spamming" e-mail messages, (v) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents, and/or (vi) upload files that contain a virus or corrupted data,

(b) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload, (c) falsify the source or origin of software or other material contained in a file that you upload, (d) use any of the Services in a manner that adversely affects the availability of The Arizona Daily Sun's resources to other subscribers or users of grandcanyonscout.com, (e) send e-mail for any purpose other than personal communication including, without limitation, to advertise or offer to sell goods or services to others (except as otherwise expressly permitted by The Arizona Daily Sun.), (f) download a file that you know (or reasonably should know) cannot be legally downloaded (a file may have been uploaded notwithstanding such illegality), and/or (g) act, or fail to act, in your use of any of the Services, in a manner that is contrary to applicable law or regulation.

The failure to observe any of the foregoing may result in civil or criminal liability, as well as termination of your account.

4.2 Use of grandcanyonscout.com for advertising or promotion of a commercial product or service (other than in areas of grandcanyonscout.com that The Arizona Daily Sun.specifically designate for such purposes, if any) without the express, written consent of The Arizona Daily Sun is prohibited.

4.3 The transmission of chain letters, the conduct or promotion of gaming or lotteries, and the conduct or promotion of any illegal activity via grandcanyonscout.com is strictly forbidden.

4.4 There may be news groups, electronic mailing lists, bulletin boards, chat rooms, and/or other message or communication facilities on grandcanyonscout.com which focus on a particular topic or set of topics. You shall use any news groups, electronic mailing lists, bulletin boards, chat rooms, and/or other message or communication facilities only to send and receive messages and materials that are proper and related to the particular news group, electronic mailing list, bulletin board, chat room, and/or other message or communication facility.

4.5 You shall not "scroll" or otherwise engage in any conduct that intends to disrupt the normal flow of dialogue within chat rooms.

4.6 Files that are uploaded and your activity in conferences and chats are subject to review, modification and deletion without notice. Files uploaded may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

The preceding list is not exhaustive. The Arizona Daily Sun reserves the right to prohibit conduct which The Arizona Daily Sun deems, in its sole discretion, to be harmful to subscribers or damaging to the communities that make up grandcanyonscout.com, and you agree to abide by any additional rules of conduct The Arizona Daily Sun may adopt from time to time. The Arizona Daily Sun cannot, and does not intend to, screen or monitor all communications and other material in advance for adherence to The Arizona Daily Sun's standards. However, notwithstanding anything in this Agreement to the contrary, The Arizona Daily Sun reserves the right (but is not obligated) to review, delete or edit any material placed on grandcanyonscout.com.

5. Intellectual Property.

5.1 Except for items in the public domain, all news stories, information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising grandcanyonscout.com (collectively, the "Works"), are wholly owned by (or licensed to) The Arizona Daily Sun and/or its content providers. Except for your non-commercial personal use, the Works may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, in whole or in part, for any commercial or non-commercial purpose, or used for advertising or any other purpose other.

5.2 grandcanyonscout.com contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of grandcanyonscout.com is copyrighted under the United States copyright laws. The Arizona Daily Sun and/or its affiliates owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content. By uploading or otherwise submitting a file or other information ("Your Contribution") to grandcanyonscout.com, you automatically grant, or warrant that the copyright owner of Your Contribution has expressly granted, to The Arizona Daily Sun a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate, create derivative works from, and/or distribute Your Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in Your Contribution, as if Your Contribution were public domain information. You and any Associate Account Holders similarly permit any Internet user to download, store, manipulate, reformat, view, print and display Your Contribution for that users's personal use.

5.3 Sections 5.1 and 5.2 above are for the benefit of The Arizona Daily Sun, its affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5.4 Without limiting any other rights The Arizona Daily Sun may have, The Arizona Daily Sun may (but is not obligated to) check uploaded files for viruses and may also remove an uploaded file (in its sole discretion) upon determining that the file is inappropriate for grandcanyonscout.com.

6. Indemnification. You agree to forever indemnify The Arizona Daily Sun and all of its suppliers, content providers, affiliates, licensors, employees, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon use your use of grandcanyonscout.com including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

7. Entire Agreement and Survival. This Agreement contains the full understanding of the parties with respect to the subject matter hereof. The provisions of this Agreement intended for The Arizona Daily Sun's benefit (including, without limitation, Section 6) will continue in full force and effect even after termination of your account.

8. Term and Modification of Agreement. This Agreement takes effect on the date that you receive your account information from The Arizona Daily Sun and, subject to Section 7 above, continues until your account is terminated either by you or by The Arizona Daily Sun. THIS AGREEMENT MAY BE CHANGED OR MODIFIED FROM TIME TO TIME BY THE Arizona Daily Sun . NOTICE OF SUCH CHANGES MAY BE GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON grandcanyonscout.com, BY MAIL (INCLUDING, WITHOUT LIMITATION, E-MAIL), OR BY ANY OTHER MEANS BY WHICH SUBSCRIBER OBTAINS NOTICE THEREOF. YOUR USE OF ANY OF THE SERVICES FOLLOWING THE IMPLEMENTATION OF ANY SUCH CHANGES OR MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES AND/OR MODIFICATIONS.

9. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties' original intentions, and the remainder of this Agreement shall remain in full force and effect.

10. No Waiver; Governing Law; Jurisdiction. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and The Arizona Daily Sun nor the trade practice shall modify any provision of this Agreement. This Agreement is governed by the laws of the State of California, USA, and you consent to the exclusive jurisdiction and venue of courts in the City of Napa, California in all disputes arising out of or relating to your use of any of the Services and/or this Agreement. Use of any of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this Section 10.

11. Section Headings. Headings of articles and sections in this Agreement are for the convenience of the parties only. Accordingly, they shall not constitute a part of this Agreement when interpreting or enforcing this Agreement.

12. Notices; Consent. Notices given by The Arizona Daily Sun to you will be given by e-mail, or by a general posting on grandcanyonscout.com, or by conventional mail to the last known address of the Account Holder. In any matter requiring The Arizona Daily Sun's consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of The Arizona Daily Sun. Notices given by you to The Arizona Daily Sun must be given by e-mail and addressed to webmaster@stlnet.com, or by conventional mail. Notices to The Arizona Daily Sun by conventional mail must be sent to AZDSWebmaster, 1751 S. Thompson St. Flagstaff, AZ 86001.

13. Relationship of Parties. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and The Arizona Daily Sun . You agree not to hold yourself out as a representative, agent or employee of The Arizona Daily Sun, and that The Arizona Daily Sun will not be liable by reason of any representation, act or failure to act by you.

14. Export Control. Any software that is made available to download from grandcanyonscout.com, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You and all Associate Account Holders, if any, agree not to export or re-export such software, documentation, and/or information, directly or indirectly, to any countries that are subject to USA export restrictions.

19. Intellectual Property Notices. All contents of grandcanyonscout.com are: Copyright 1999 Arizona Daily Sun and/or its suppliers, 1751 S. Thompson St. Flagstaff, AZ 86001 All rights reserved. The Arizona Daily Sun and grandcanyonscout.com and other names of The Arizona Daily Sun services referenced in grandcanyonscout.com are trademarks or registered trademarks of The Arizona Daily Sun. Other product and company names mentioned in grandcanyonscout.com may be the trademarks of their respective owners.

20. Third Party Notices.

20.1 Associated Press Notice. ASSOCIATED PRESS NEWS, PHOTOS, GRAPHICS, VIDEO, AUDIO AND OTHER MULTIMEDIA MATERIAL ACCESSED THROUGH THIS SERVICE SHALL NOT BE DIRECTLY OR INDIRECTLY REPRODUCED, PUBLISHED, BROADCAST, SOLD, TRANSFERRED, LICENSED, DISTRIBUTED IN ANY MANNER OR MEDIUM, USED TO PREPARE DERIVATIVE WORKS, OR DISPLAYED PUBLICLY IN ANY MANNER OR MEDIUM NOW KNOWN OR LATER DEVELOPED. AP NEWS MATERIAL MAY NOT BE STORED IN WHOLE OR IN PART IN A COMPUTER EXCEPT FOR PERSONAL AND NON-COMMERCIAL USE. THE AP WILL NOT BE HELD LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE AP SERVICE OR IN ANY AP MATERIAL INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT AND ANY OF THE ADVERTISEMENTS IN THE AP SERVICE OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR FOR ANY DAMAGES WHATSOEVER.

Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

20.2 Reuters Limited Notice. Copyright 1997 Reuters Limited. All rights reserved. Reuters content may not be stored except for personal, non-commercial use. Republication or redistribution of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

20.3 Universal Press Syndicate. The features provided by Universal Press Syndicate are copyrighted material and all rights are reserved. You may not reproduce any of these features or distribute them electronically, in print or otherwise without written permission from Universal Press Syndicate, 4900 Main Street, Kansas City, MO 64112, (816) 932-6600.

Copyright © 2010 Arizona Daily Sun
ALL RIGHTS RESERVED.