Highlands Newspaper
LLC
ADVERTISING THAT WORKS AT FAIR PRICES EVERYDAY
265 Oak St., P.O. Box 2703, Highlands, North
Carolina, 28741
828-200-1371 /
HighlandsEditor@aol.com
Publishers: Kim McClure Lewicki CEO
&
Jim Lewicki CFO
and American Express
For Use Of Highlands Newspaper Photographs Contact:
HighlandsInfo@aol.com
Highlands Newspaper LLC
Disclaimer
&
Copyrights Listed Below:
.
2018 Disclaimer
&
Copyrights
1.
Definitions.
Highlands Newspaper Internet Directory is the interactive on-line Directory service
operated by Highlands Newspaper Internet Directory on the World Wide Web of the Internet,
consisting of information services and content provided by Highlands
Newspaper Internet Directory, affiliates of Highlands Newspaper Internet
Directory and other third parties.
"Subscriber" and / or "User" means each person who
establishes or accesses a connection ("Account") for access to
and use of Highlands Newspaper Internet Directory. A "User" must agree to
the Terms Agreement as a "Subscriber". A "User" is a
"Subscriber" under the Terms Agreement.
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of Highlands Newspaper Internet Directory, including, but not
limited to, supplemental terms and conditions set forth in paragraph 13
hereof ("Supplemental Terms") governing the use of certain
specific material contained in Highlands Newspaper Internet Directory, sets forth the
terms and conditions that apply to use of Highlands Newspaper Internet
Directory by Subscriber. By using Highlands Newspaper Internet Directory (other than to read this
Agreement for the first time), Subscriber agrees to comply with all of
the terms and conditions hereof. The right to use Highlands Newspaper
Internet Directory is personal to Subscriber and is not transferable to any other
person or entity. Subscriber is responsible for all use of Subscriber's
Account (under any screen name or password) and for ensuring that all
use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any.
(B) Highlands Newspaper Internet Directory shall have the right at any
time to change or discontinue any aspect or feature of Highlands
Newspaper Internet Directory,
including, but not limited to, content, hours of availability, and
equipment needed for access or use.
3. Changed Terms.
Highlands Newspaper Internet Directory shall have the right at any time to change or modify the
terms and conditions applicable to Subscriber's use of Highlands
Newspaper Internet Directory, or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on Highlands Newspaper Internet Directory, or by electronic or
conventional mail, or by any other means by which Subscriber obtains
notice thereof. Any use of Highlands Newspaper Internet Directory by Subscriber after
such notice shall be deemed to constitute acceptance by Subscriber of
such changes, modifications or additions.
4. Equipment.
Internet subscribers shall be responsible for
obtaining and maintaining all telephone, high-speed broadband
connections, computer hardware and other
equipment needed for access to and use of Highlands Newspaper Internet
Directory and
all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use Highlands Newspaper Internet Directory for
lawful purposes only. Subscriber shall not post or transmit through
Highlands Newspaper Internet Directory any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without Highlands Newspaper Internet Directory express prior approval,
contains advertising or any solicitation with respect to products or
services. Any conduct by a Subscriber that in Highlands Newspaper
Internet Directory discretion
restricts or inhibits any other Subscriber from using or enjoying
Highlands Newspaper Internet Directory will not be permitted. Subscriber shall not use
Highlands Newspaper Internet Directory to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users
to become subscribers of other on-line information services competitive
with Highlands Newspaper Internet Directory.
(B) Highlands Newspaper Internet Directory contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of Highlands Newspaper Internet Directory are copyrighted as a collective
work under the United States copyright laws. Highlands Newspaper
Internet Directory owns a
copyright in the selection, coordination, arrangement and enhancement of
such content, as well as in the content original to it. Subscriber may
not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express permission of Highlands Newspaper Internet
Directory and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be made.
Subscriber acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on
Highlands Newspaper Internet Directory any material protected by copyright, trademark
or other proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material to any
public area of Highlands Newspaper Internet Directory, Subscriber automatically
grants, or warrants that the owner of such material has expressly
granted Highlands Newspaper Internet Directory the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any
copyright that may exist in such material. Subscriber also permits any
other Subscriber to access, view, store or reproduce the material for
that Subscriber's personal use. Subscriber hereby grants Highlands
Newspaper Internet Directory
the right to edit, copy, publish and distribute any material made
available on Highlands Newspaper Internet Directory by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of
Highlands Newspaper Internet Directory, its subsidiaries, 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.
6. Disclaimer of Warranty; Limitation of
Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF
Highlands Newspaper Internet Directory, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
Highlands Newspaper Internet Directory WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
Highlands Newspaper Internet Directory, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
Highlands Newspaper Internet Directory.
(B) Highlands Newspaper Internet Directory IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY 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 RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Highlands Newspaper
Internet Directory IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL Highlands Newspaper Internet Directory, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Highlands
Newspaper Internet Directory OR THE Highlands Newspaper
Internet Directory SOFTWARE, BE LIABLE
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE Highlands Newspaper Internet
Directory.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON Highlands Newspaper Internet Directory.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Highlands
Newspaper Internet Directory,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Highlands
Newspaper Internet Directory, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF
TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE
EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. Highlands Newspaper Internet Directory, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, Highlands
Newspaper Internet Directory,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Highlands Newspaper Internet Directory shall have the right, but not the obligation, to monitor
the content of Highlands Newspaper Internet Directory, including chat rooms and
forums, to determine compliance with this Agreement and any operating
rules established by Highlands Newspaper Internet Directory and to satisfy any law, regulation
or authorized government request. Highlands Newspaper Internet Directory shall have the right
in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on Highlands Newspaper Internet Directory. Without limiting
the foregoing, Highlands Newspaper Internet Directory shall have the right to remove any
material that Highlands Newspaper Internet Directory, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Highlands
Newspaper Internet Directory, its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of Highlands Newspaper Internet
Directory by
Subscriber or Subscriber's Account.
9. Termination.
Either Highlands Newspaper Internet Directory or Subscriber may terminate this Agreement at any
time. Without limiting the foregoing, Highlands Newspaper Internet
Directory shall have the
right to immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which Highlands Newspaper Internet Directory, in its sole discretion,
considers to be unacceptable, or in the event of any breach by
Subscriber of this Agreement. The provisions of Sections 5(B), 5(C),
5(D), 6, 8, 10 and this Section 9 shall survive termination of this
Agreement.
10. Trademarks.
Highlands Newspaper Internet Directory and each of their logos are trademarks of
Highlands Newspaper Internet Directory. All rights reserved. All other trademarks appearing
on Highlands Newspaper Internet Directory are the property of their respective
owners.
11. Third Party Content.
Highlands Newspaper Internet Directory is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, Highlands
Newspaper Internet Directory
has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Subscribers
or any other user of Highlands Newspaper Internet Directory, are those of the
respective author(s) or distributor(s) and not of Highlands Newspaper
Internet Directory.
Neither Highlands Newspaper Internet Directory nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose. (Refer to
Section 6 above for the complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many instances, the content available through Highlands Newspaper
Internet Directory represents the opinions and judgments of the respective
information provider, Subscriber, or other user not under contract with
Highlands Newspaper Internet Directory. Highlands Newspaper Internet
Directory neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made on
Highlands Newspaper Internet Directory by anyone other than authorized
Highlands Newspaper Internet Directory employee spokespersons while acting in their official capacities.
Under no circumstances will Highlands Newspaper Internet Directory be liable for any loss or
damage caused by a Subscriber's reliance on information obtained through
Highlands Newspaper Internet Directory. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through Highlands Newspaper
Internet Directory. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or
other content.
12. Miscellaneous.
This Agreement and any operating rules for Highlands Newspaper Internet
Directory
established by Highlands Newspaper Internet Directory constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties with respect to
such subject matter. This Agreement shall be construed in accordance
with the laws of the State of North Carolina, without regard to its
conflict of laws rules. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
13. Supplemental Terms. Annual Contracts Issued
For: Hard-Copy Newspaper Ads, Internet Banner Ads & Links and Highlands
Map Placements. Special contracts issued for one-time event ads. Contact
Highlands' Newspaper for details.
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